[Download] "Chelini V. Nieri" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Chelini V. Nieri
- Author : Supreme Court Of California
- Release Date : January 30, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant appeals from a judgment entered pursuant to a verdict which awards plaintiff "$10,000.00 for general damages, and $900.00 for exemplary damages." The award of so-called "general damages" is predicated on defendant mortician's breach of a contract to preserve the body of plaintiff's mother and on plaintiff's physical illness, suffering and disability resulting from his discovery that because of such breach of contract the body became a "rotted, decomposed and insect and worm infested mass." Recovery of such damages is proper under the rule, laid down in Westervelt v. McCullough (1924), 68 Cal. App. 198, 208-209 [228 P. 734], and included in the instructions to the jury,