Infield v. Cope

SADLER, Justice.

This is an appeal from a judgment dismissing the complaint of a decedent’s widow seeking damages for mental suffering and impairment of bodily health, said to have resulted from defendant-mortician’s wrongful and wanton refusal to permit her to view the body of her husband while in defendant’s custody at his mortuary prior to burial, where it had been removed following accidental death in an explosion and fire. The ground of the motion, which the trial court sustained, was that the complaint failed to state a claim upon which relief might be granted. The plaintiff electing to…