Southern Life Health Ins. Co. v. Morgan

1 Citing case

  1. Stephenson v. Duke University

    163 S.E. 698 (N.C. 1932)   Cited 7 times
    In Stephenson v. Duke University, 202 N.C. 624 (625), is the following: "This action was brought to recover damages for the mutilation or autopsy of the dead body of a child.

    The Court of Appeals of Alabama has said: "The right of a father to care for, watch over, and bury the dead body of his minor child has always been recognized and protected by the law." Birmingham Transfer Traffic Co. v. Still, 61 So. 611. Also in Southern Life Health Ins. Co. v. Morgan, 105 So. 161: "It is without conflict in this case that plaintiff was the father of the deceased; that, if he (the deceased) had a wife living, the wife was not present and had nothing to do with the custody of the body. In the absence of the wife the father had the lawful custody of the body, and it was his duty to give it decent interment.