Hamilton v. Individual Mausoleum Co.

The opinion of the court was delivered by

Smith, J.:

This was an action to recover damages alleged to have been sustained when defendant broke open a mausoleum and removed therefrom the casket in which the body of the mother of plaintiff had been buried. There was a verdict for plaintiff. A new trial was granted on the trial court’s own motion. Defendant appeals.

The petition alleged defendant had sold the mausoleum for the burial of plaintiff’s mother in 1930 on the representation that it would be forever free from water and would keep dry the casket in which her mother was buried; that these…