Legal Opinion
Smith & Gaston Funeral Directors, Inc. v. Dean
Supreme Court of Alabama
Decided March 24, 1955No. 6 Div. 637PublishedCited by 19 opinions
1Opinion of the Court
GOODWYN, Justice.
Alfred Dean and his sister, Sadie Hooper, plaintiffs below and appellees here, brought action against Smith and Gaston Funeral Directors, Inc., defendant below and appellant here, seeking punitive damages for maliciously, intentionally and wantonly trespassing upon the grave of plaintiffs’ deceased brother, Will Dean. This appeal is from the judgment of the circuit court rendered pursuant to a jury verdict awarding damages of $2,500. Defendant’s motion for a new trial was overruled.
As finally presented to the jury, the complaint consisted only of count 4, which was as follows:
2Cases cited22 opinions
- City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jim Beard and Hubbard Beard v. Melvin StephensCourt of Appeals for the Fifth Circuit · 1967
- Samuel Jones, Jr. v. Preuit & MauldinCourt of Appeals for the Eleventh Circuit · 1985
- Whitt v. HulseySupreme Court of Alabama · 1987
- Tax Exemption of Sunset Memorial Gardens, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1958
- Smith & Gaston Funeral Directors, Inc. v. WilsonSupreme Court of Alabama · 1955
14 more not listed; retrieve them via the Exa API.