Legal Opinion

Kyles v. Southern Railway Co.

Supreme Court of North Carolina

Decided April 22, 1908PublishedCited by 28 opinions

Actios tried before Justice, J., and a jury, at November Term, 1907, of Ibekell. Plaintiff appealed. The facts are stated in the opinion.

1Opinion of the Court

The complaint alleges (1) the careless and negligent mutilation of the dead body of plaintiff's husband by continuously running its train back and forth over it for nearly twenty-four hours after the killing, the body all this time lying exposed on the track between the rails; (2) the willful, wanton, and reckless mutilation of the dead body of plaintiff's husband by above recited conduct; (3) for negligent failure to gather up his remains for burial, in that a portion of his remains were not sent home, but lay alongside the track for four days, till gathered up by relatives, who carried them…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Larson v. ChaseSupreme Court of Minnesota · 1891
  2. Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
  3. Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
  4. Renihan v. WrightIndiana Supreme Court · 1890
  5. Koerber v. PatekWisconsin Supreme Court · 1904

7 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.Supreme Court of North Carolina · 1990
  2. Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
  3. Dunahoo v. BessSupreme Court of Florida · 1941
  4. Pollard v. PhelpsCourt of Appeals of Georgia · 1937
  5. Morrow Ex Rel. Morrow v. Southern Railway Co.Supreme Court of North Carolina · 1938

23 more not listed; retrieve them via the Exa API.

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