Wright v. Beardsley

Citations

• 46 Wash. 16
• 89 P. 172
• 1907 Wash. LEXIS 549

Syllabus

<p>■ Parties — Plaintiffs—Husband and Wife — Torts. An action by a husband and wife for failure to properly bury the dead body of their child is' not subject to the objection that there is a defect of parties plaintiff.</p> <p>Damages — Mental Suffering — Torts—Pleading. Damages may be recovered for mental suffering inflicted- by the wrongful 'or improper burial of plaintiffs’ dead child, under a complaint alleging breach of contract to make proper burial, where the facts stated show a tort or injury to the person.</p> <p>Damages — Excessive Verdict — New Trial. A verdict for $2,510 for damages for the wrongful burial of plaintiffs’ dead child is so excessive as to show passion or prejudice, entitling the defendants to a new trial, where it appears that the child was born at a hospital and died five days later, that the defendants were informed that the plaintiffs were poor and could not afford a costly funeral, and would probably want to bury the body permanently at some other place, and the body was buried in a lot used for stillborn infants, on top of another coffin, about eight inches deep, and was not molested in any way, until pointed out to 'and removed by the plaintiffs to another lot in the same cemetery.</p>