Silas D. Coffey

In Renihan v. Wright, parents sued undertakers for breaching a contract to safely store their deceased daughter's body in a vault until burial, alleging the undertakers negligently disposed of the remains, refused to disclose the location, and caused the parents mental distress. The trial court overruled a demurrer to the complaint, sustained one to part of the answer, and entered judgment on a jury verdict for the plaintiffs. On appeal, the court affirmed, holding that the parents had a joint cause of action tied to the bailment contract, that next of kin could assert rights over the body, and that damages for foreseeable mental anguish were recoverable under the contract. The ruling analogized the case to telegraph company decisions allowing recovery for emotional harm from breach. The court rejected arguments that only an executor could control burial and found no error in the jury instructions on damages.

torts & liability

This case involved a dispute over possession of forty brood mares. Templeton sold a half-interest in the mares to Sheets under an oral contract giving Sheets possession and control until 1891 for breeding purposes, then later sold the entire interest to Lowman, who took possession. Sheets retrieved the mares, leading Lowman to file a replevin action. The court affirmed judgment for Sheets, holding that Templeton lacked authority to sell the full property without Sheets' consent under the contract terms, regardless of whether the arrangement constituted a partnership, and that Lowman therefore acquired no right to exclusive possession.

property