Legal Opinion

Stephenson v. . Duke University

Supreme Court of North Carolina

Decided April 20, 1932PublishedCited by 8 opinions

1Opinion of the CourtAdams, J.

This action was brought to recover damages for the mutilation or autopsy of 'the dead body of a child. The plaintiffs were the child’s parents. The court adjudged in effect that the father may maintain the action and that the complaint does not state a cause of action in behalf of the mother. The plaintiffs appealed; the defendant did not appeal. We therefore treat as conceded the defendant’s satisfaction with the judgment and its acquiescence in the conclusion that the action may be prosecuted by the male plaintiff, and that as to him the complaint states a cause of action. The right to bury…

2Cases cited4 opinions

  1. Kyles v. Southern Railway Co.Supreme Court of North Carolina · 1908
  2. Southern Life Health Ins. Co. v. MorganAlabama Court of Appeals · 1925
  3. Floyd v. Atlantnc Coast Line Railway Co.Supreme Court of North Carolina · 1914
  4. Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913

3Cited by8 opinions

  1. Matthews v. ForrestSupreme Court of North Carolina · 1952
  2. Lamm v. ShingletonSupreme Court of North Carolina · 1949
  3. Morrow Ex Rel. Morrow v. Southern Railway Co.Supreme Court of North Carolina · 1938
  4. Gurganious v. . SimpsonSupreme Court of North Carolina · 1938
  5. Bonaparte v. Fraternal Funeral HomeSupreme Court of North Carolina · 1934

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