Hawthorne v. Delano
Supreme Court of Iowa
Appeal from Superior Court of Shenandoah. — Hon. George II. Castle, Judge. Action for damages for the mutilation of the dead body of plaintiff’s son and for indecent exposure of the same. There was a verdict for the plaintiff and the defendants appeal.
1Opinion of the CourtEvans, J.
I. Some time on the night of August 11, 1913, Charles Hawthorne was killed upon the railway track of the defendant company. His body was discovered in the morning greatly mangled and between the rails of the track. This is not an action for damages for the wrongful death of the decedent. For such alleged damages, the plaintiff has recovered in another action. This action is brought on behalf of each parent (1) for damages for mental suffering caused by the mutilation of the body, and (2) for indecent exposure of the dead body in violation of Sec. 4945 of the Code. The father assigned his…
2Cases cited1 opinion
- Kyles v. Southern Railway Co.Supreme Court of North Carolina · 1908
3Cited by5 opinions
- Ramberg v. MorganSupreme Court of Iowa · 1928
- State v. AldrichSupreme Court of Iowa · 1975
- Hawthorne v. DelanoSupreme Court of Iowa · 1918
- Thompson v. AndersonSupreme Court of Iowa · 1934
- State v. AldrichSupreme Court of Iowa · 1975