Loy v. Reid
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by D. Reid against Lige Loy for breach of contract in embalming the body of plaintiff’s dead child. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to counts 1 and 2 as amended. There was total failure of proof as to some of the allegation of damages in said counts, and consequently a variance.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by D. Reid against Lige Loy for breach of contract in embalming the body of plaintiff’s dead child. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to counts 1 and 2 as amended. There was total failure of proof as to some of the allegation of damages in said counts, and consequently a variance. The court erred in its construction as to damages, as mental pain and anguish were not recoverable in this class of cases. — Culver v. Hill, 68 Ala. 66; Burton v. Henry, 90 Ala. 281; 13 Cyc.…
1Opinion of the CourtPelham, J.
The first two counts of the complaint (designated as counts 1 and 2) set up an alleged contract or agreement made and entered into between the plaintiff (appellee here) and the defendant, under the terms and stipulations of which the defendant agreed and undertook to embalm the dead body of the plaintiff’s infant daughter. Damages are claimed as the proximate result of a breach of this alleged contract, or the duty growing out of it, in failing to embalm the body. A count designated as ”A” was added by amendment, and, the case having been tried before the court without a jury, and no proof…
2Cases cited7 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Humes v. Decatur Land Im. & Furnace Co.Supreme Court of Alabama · 1893
- Joseph, Gaboury & Co. v. Southwark Foundry & Machine Co.Supreme Court of Alabama · 1891
- Wilson v. StevensSupreme Court of Alabama · 1900
- Seals v. EdmondsonSupreme Court of Alabama · 1882
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3Cited by10 opinions
- Lamm v. ShingletonSupreme Court of North Carolina · 1949
- Thomas v. BarnesSupreme Court of Alabama · 1929
- Dunahoo v. BessSupreme Court of Florida · 1941
- Westervelt v. McCulloughCalifornia Court of Appeal · 1924
- Federal Automobile Ins. Ass'n v. MeyersSupreme Court of Alabama · 1928
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