Show Thlrkield Wins Frank L Thirkield vs the Mountain View Cemetery association appellant from the Fourth district court Judgment Judg-ment of the lower court was affirmed Judge Bartch delivered the opinion Judges iMerritt and King concurring The case briefly stated is that on November 26 1892 the plaintiff was the owner in possession of a lot in the Mountain View cemetery at Ogden used by him as a burial place for his family and at the time contained the remains of his child Louis Alfred Thirkield The defendant removed the remains of the child from the grave and interred I in another spot in close proximity to the original grave and interred in-terred the body of another person in the childs grave I I was alleged by plaintiff that by reason of the aforesaid action he was greatly distressed in mind and body and he demanded 75 the value of the childs casket and grave clothes and 10000 damages The defendants answering stated that the lot in question was sold to James N Kimball of Ogden in the year 1887 and by mistake afterwards they sold the same lot to the plaintiff On Nov 26 Mrs Kimball mother of J N Kimball died and the defendant association as-sociation prepared a grave in the lot in question and while doing so removed re-moved the body of the child with the utmost care and reinterred it about I I sixteen feet from its original resting place The jury in the lower court found a verdict for the plaintiff assessing his damages at 1150 from which the present appeal was taken on the ground of errors in the charge to the jury and that the verdict was the result re-sult of such cause aided by passion and prejudice on the part of the jury |