Koerber v. Patek
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: WaejseN D. TabeaNt, Circuit Judge. Appeal from order sustaining demurrer to complaint, which alleged that the plaintiff was the son and heir of his mother, who died in hospital in Milwaukee, and was by her, before her death, instructed and requested to take charge of her body for purposes of burial, and was the only person interested; that he did so, removing the body to his residence, and proceeding to have the…
Read the full summary
Appeal from an order of tbe circuit court for Milwaukee county: WaejseN D. TabeaNt, Circuit Judge. Appeal from order sustaining demurrer to complaint, which alleged that the plaintiff was the son and heir of his mother, who died in hospital in Milwaukee, and was by her, before her death, instructed and requested to take charge of her body for purposes of burial, and was the only person interested; that he did so, removing the body to his residence, and proceeding to have the same prepared for burial; that the defendant requested permission to merely examine the stomach of said body, which…
1Opinion of the CourtDodge, J.
This action presents a field for consideration uncharted by any direct decisions in this court. The primary and general question is whether any relative, having the conventionally recognized duty of providing proper obsequies and sepulture for the remains of a deceased relative, has any rights, enforceable by courts, to be protected in the performance of that service. It is said the law protects only the person and the pnrse (Chapman v. W. U. Tel. Co. 88 Ga. 763, 15 S. E. 901), and doubtless, as an epigrammatic generalization, this is reásonably correct. Upon this basis it is argued that such…
2Cases cited47 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Pettigrew v. PettigrewSupreme Court of Pennsylvania · 1904
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
42 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Scarpaci v. Milwaukee CountyWisconsin Supreme Court · 1980
- State ex rel. McGrael v. PhelpsWisconsin Supreme Court · 1910
- Eick v. Perk Dog Food Co.Appellate Court of Illinois · 1952
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Gadbury v. BleitzWashington Supreme Court · 1925
47 more not listed; retrieve them via the Exa API.