Legal Opinion

Sworski v. Simons

Supreme Court of Minnesota

Decided July 12, 1940No. 32,397PublishedCited by 17 opinions

1Opinion of the Court

1 Reported in 293 N.W. 309. Plaintiffs sue for wrongful interference with their right to the body of their son Clifford, who committed suicide in the Chaska county jail on the morning of May 21, 1938. No question is raised as to the right of both parents to maintain the action. Defendant Simons is the coroner of the county, and defendant Weller is an undertaker at Chaska. The complaint alleges that defendants without authority from plaintiffs unlawfully, willfully, and maliciously took possession of Clifford's dead body, trespassed on the body by unlawfully embalming it in violation of law,…

2Cases cited11 opinions

  1. Larson v. ChaseSupreme Court of Minnesota · 1891
  2. Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
  3. Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
  4. Gurganious v. . SimpsonSupreme Court of North Carolina · 1938
  5. Jefferson County Burial Soc. v. ScottSupreme Court of Alabama · 1928

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3Cited by17 opinions

  1. Christensen v. Superior CourtCalifornia Supreme Court · 1991
  2. PAPIEVES Et Ux. v. KellySupreme Court of Pennsylvania · 1970
  3. Kirksey v. JerniganSupreme Court of Florida · 1950
  4. Chisum v. BehrensSouth Dakota Supreme Court · 1979
  5. Lott v. StateNew York Court of Claims · 1962

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