Doxtator v. Chicago & West Michigan Railway Co.
Michigan Supreme Court
Error to superior court of Grand Rapids; Burlingame, J. Case by Fanny E. Doxtator against the Chicago & West Michigan Railway Company for failure to deliver to plaintiff for burial the entire remains of her deceased husband. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtMontgomery, J.
This case presents a question which has never had the attention of this court, and one which, in some of its aspects, has not been considered by any other court of last resort, so far as we are advised. The plaintiff sues to recover damages on account of having been deprived of the right to give the remains of her deceased husband a Christian burial, and alleges that she was deprived of this right by the wrongful act of the defendant. At the common law there was said to be no property in a dead bod}’, and in one sense this may still be deemed an accurate technical statement; but it has been…
2Cases cited3 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Burney v. Children's HospitalMassachusetts Supreme Judicial Court · 1897
3Cited by15 opinions
- Waeschle v. DragovicCourt of Appeals for the Sixth Circuit · 2009
- Allinger v. KellMichigan Court of Appeals · 1981
- Whaley v. County of TuscolaCourt of Appeals for the Sixth Circuit · 1995
- Luis Antonio Martinez, Sr v. Wayne Cnty., Mich.Court of Appeals for the Sixth Circuit · 2025
- Deeg v. City of DetroitMichigan Supreme Court · 1956
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