Sworski v. Simons

I concur in the views of Mr. Justice Holt. As to each of the defendants, the coroner and the undertaker:

"The record is barren of any testimony tending to show guilty knowledge or unlawful purpose or intent on part of defendant, and, in our judgment, it must be said there is a failure of proof of any act or omission on his part rendering him justly chargeable with damages for the wrong, if any, committed by the physicians. His only connection with the transaction was to receive and embalm the body, a very proper service, which is not the ground of complaint in this action.

"He received the body…