Legal Opinion

Cooper v. Southern Express Co.

Supreme Court of North Carolina

Decided May 13, 1914PublishedCited by 5 opinions

Appeal by defendant from Justice, J., at November Term, 1913, of HeNdeesoN.

1Opinion of the CourtClare, C. J.

Tbis is an action by husband and wife for mental anguish, alleging that by delay of defendant in the delivery of the coffin they were forced to bury their deceased child near the place they were living instead of conveying the remains to the family burying-ground at Pleasant Grove Church near Etowah.

In Morton v. Telegraph Co., 130 N. C., 299, it was held that “One person cannot recover for mental anguish suffered by another; and therefore the husband and wife, suing severally for their own anguish, are different parties, suing upon distinct causes of action. As was said in Cromartie v.…

2Cases cited5 opinions

  1. Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
  2. Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
  3. Thigpen v. Kinston Cotton MillsSupreme Court of North Carolina · 1909
  4. State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
  5. McMillan v. . BaxleySupreme Court of North Carolina · 1893

3Cited by5 opinions

  1. Morton v. ThorntonSupreme Court of North Carolina · 1963
  2. Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
  3. Griggs v. . York-Shipley, Inc.Supreme Court of North Carolina · 1948
  4. Lanier v. . Pullman Co.Supreme Court of North Carolina · 1920
  5. Godwin v. . JerniganSupreme Court of North Carolina · 1917

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