Burrough v. Twin Oaks Memorial Garden, Inc.

In this negligence action, plaintiff sought damages against defendant cemetery for burying her deceased husband in the wrong gravesite. After a jury trial, judgment was entered for plaintiff, awarding her damages in the amounts of $5,000 for the mental distress that she suffered as a result of defendant’s negligence, and $1,800 for the anticipated future expenses for the removal and reburial of her husband at a different cemetery. Defendant appeals from that judgment. We affirm in part and reverse in part.

In September, 1957, plaintiff and her husband purchased four gravesites in Lot #91 of…