Pulsifer v. Douglass
Supreme Judicial Court of Maine
On Report. This was an action of trespass quare clausum, in which the plaintiff sought to recover damages of the defendant for a wilful and malicious trespass upon her private lot in Mount Auburn Cemetery; the digging up and carrying away by the defendant of the remains of her sister recently buried there, to some place to the plaintiff unknown. The case appears in the opinion. Counsel cited, with other cases: 3 Am. & Eng.
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On Report. This was an action of trespass quare clausum, in which the plaintiff sought to recover damages of the defendant for a wilful and malicious trespass upon her private lot in Mount Auburn Cemetery; the digging up and carrying away by the defendant of the remains of her sister recently buried there, to some place to the plaintiff unknown. The case appears in the opinion. Counsel cited, with other cases: 3 Am. & Eng. Ency. of Law, (1st Ed.) p. 52, and cases cited; LaJdn v. Ames, 10 Cush. 221; Fox v. Gordon, 40 Leg. Int. 374; Wynlcoop v. Wynlcoop, 42 Pa. St. 293, (82 Am. Dec. 513); 2o…
1Opinion of the CourtWiswell, C. J.
Action of trespass quare clausum for an alleged unlawful entry upon the cemetery lot of the plaintiff and the removal therefrom of the body of the plaintiff’s sister which had been buried therein about a month prior to the disinterment. The body was that of Mrs. Sarah A. Webb, and we think that it must be inferred from the case that the burial in the plaintiff’s lot was with the consent of the husband of the deceased. The disinterment and removal of the body of Mrs. Webb were done by the defendant at the request of her husband. The case comes to the law court upon report.
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2Cases cited2 opinions
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
3Cited by12 opinions
- Yome v. GormanNew York Court of Appeals · 1926
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Curlin v. CurlinCourt of Appeals of Texas · 1921
- Dougherty v. Mercantile-Safe Deposit & Trust Co.Court of Appeals of Maryland · 1978
- Wilson v. ReadSupreme Court of New Hampshire · 1907
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