Floyd v. Atlantnc Coast Line Railway Co.

Clare:, C. J.,

dissenting: There is, strictly speaking, no property in a dead body, though' its possession can be recovered. This is not an action to recover the possession of the body, but an action of tort for the mental anguish caused the mother by the wrongful mutilation of the body of her son.

The statute of distributions has no application. In Kyles v. R. R., 147 N. C., 394, it was held that the widow could recover punitive damages for mutilation of the dead body of her husband. This proves that an action for. the tort is not required to be brought by the next of kin, for the widow is not…