Lumley v. Pollard

1. Count 1 of the petition set forth a cause of action for the homicide of the plaintiff's son, and the court erred in sustaining the grounds of the defendant's general demurrer thereto.

2. Under count 2 of the petition recovery was sought only for damages because of the mutilation of the body of the deceased after the homicide, and inasmuch as the acts of the defendant were not shown to have been wilful and wanton, no cause of action was set forth in this respect, and the court properly sustained the grounds of the defendant's general demurrer to this count.

DECIDED FEBRUARY 15, 1940.

Mrs. Ida…