Gurganious v. . Simpson

The right of a father to prosecute an action for damages for the wrongful mutilation of the dead body of his son has been established by the decisions of this Court (Kyles v. R. R., 141 N. C., 394, 61 S. E., 278; Floyd v. R. R., 167 N. C., 55, 83 S. E., 12; Morrow v. R. R., ante, 127), and this principle has been extended to include an action based upon an unauthorized autopsy. Stephenson v. Duke University, 202 N. C., 624, 163 S. E., 698. The right to bury the dead is generally treated as a quasi right of property, and the mutilation of the body held actionable. Kyles v. R. R., supra; Larsen…