CAREY v. LIMA, SALMON & TULLY MORTUARY

Docket No. 17862.

168 Cal.App.2d 42 (1959)

335 P.2d 181

FLORENCE CAREY et al., Appellants, v. LIMA, SALMON AND TULLY MORTUARY (a Partnership) et al., Respondents.

Court of Appeals of California, First District, Division One.

February 17, 1959.


Attorney(s) appearing for the Case

Melvin M. Belli, Ashe & Pinney, and Van H. Pinney for Appellants.

Robert J. Popelka for Respondents.


WOOD (Fred B.), J.

Plaintiffs brought this action for damages allegedly caused by the negligence of the defendant embalmers in performing their contract to embalm the body of plaintiffs' deceased father and ship it from San Jose, California, to Enid, Oklahoma. Upon the conclusion of the trial the court granted a directed verdict for the defendants.

The body arrived at Enid in a decayed condition, malodorous and dripping fluid. The mental and emotional shock...

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