Darcy v. . Presbyterian Hospital
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term on the ground that it did not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term on the ground that it did not state facts sufficient to constitute a cause of action. The nature of the action and the facts, so far as material, are stated in the opinion. The nearest relative of a person deceased, there being no husband or wife, has a right to the immediate possession of the body for the purpose of burial, and to receive it in the…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the interference and prevention of the plaintiff of her right to receive the body of her deceased son from the defendant, and for wounded feelings and mental distress suffered by reason of the mutilation and dissection of his body. Upon the trial the complaint was dismissed at the opening of counsel on the ground that it did not state sufficient facts to constitute a cause of action.
The complaint alleges, in substance, that she was the mother of John Darcy who died at the defendant’s hospital on the 31st day of October, 1906, at the age of twenty…
2Cases cited4 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Burney v. Children's HospitalMassachusetts Supreme Judicial Court · 1897
3Cited by84 opinions
- Colavito v. New York Organ Donor Network, Inc.New York Court of Appeals · 2006
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Weiley v. Albert Einstein Medical CenterSuperior Court of Pennsylvania · 2012
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