Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-05-03
A REPLEvINED CORPSE.
Charges In Expressing Dead Body Lead
to q Curious Suit.

Charges In Expressing a Dead Body Lead
TO Curious Suit.
One OF the most peculiar law cases
ever known in Maine was tried in the
Supreme Court at Bangor, Tuesday, an
account which is given in the Lewiston
Journal. This was an action OF replevin
for corpse. Only one similar case has
been known in the United States.
Sometime in July, 1897, Merton f..
Brown was killed in railroad accident
near Seattle, Washington. His father
lives in Dexter, and he was telegraphed
TO. He requested TO have the remains
sent home. Accordingly they were pre-
pared for shipment, placed in a metallic
caSket and the casket enclosed In box.
Accompanied by friend, Mr.. h. b.
Hilton, OF ST. Adams, they were shipped
via the Canadian Pacific Railway to
Dexter via Greenville. He paid all the
transportation required by purchasing
two irst-claSs passenger tickets through
from Seattle to Dexter. One Of the
tickets was marked by the selling agent
Of the Canadian Pacific. Corpse" In
red ink on the face of the ticket, and
the same on each coupon. Hilton came
on the same tIains with the corpse and
assisted in transferring the box to the
new trains. In the Montreal station OF
the Canadian Pacific road, after Hilton
had seen ABOUT transferring IL TO the
eastward bound train, tag was affixed
TO the box by sn official, reading as fol-
lows
49,. Nj, C.rtroT navfer Mo
Collect S1lO. so trans. from Huntington,
B. c., to Dexter, Me.
geo. :. CANTIIE. q. B. A."
A telegram was also sent by Canthe
on the same day 10 the agent OF the
Maine Central at Dexter, requesting or
directing him TO collect Sll0.50 on the
box. The telegram stated that the box
was marked in charge OF ii. Ii. Hill
ton"
At Greenville. Me-, Hilton discovered
the tag and did not know what TO make
OF it. He had seat a dispatch from
Montreal 20 Mr.. Brown at Dexter, an
nouncing the time of his arrival and the
latter arranged for the funeral, notified
friends and relatives to come, and mad
an undertaken and hearse % waiting az
the station.
The father was taken all aback by
the refusal TO deliver the body unless
the S11O.5O was paid. Tue conductor
OF the Maine Central who held the
tickets issued at Seattle, with the
coupons representing the passage over
the Maine Central from Foxcroit TO
Dexter still attached, was still present,
and he was called upon 70 exhibit the
tickets as proof that the transportation
charges had been paid. He showed the
tickets, aud Hilton added his declara.
ton that the fare was fully paid, ont
the box was still held.
or course the funeral arrangements
were broken up as the father was ad-
vised by friends that ii was apparently
a case OF extortion on the part Of some
trunk handler in the employ of the
Canadian Pacific, and not 10 pay the
bill.
Ritter a few hours delay, the Mon
treal man telegraphed to accept S5S.65
and deliver the box. This was refused,
aud the Main Central held the box in
the baggage-rOom over night. The next
day, near noon, the box was taken on a
replevin writ.
The Main Central soon afterward sent
Mr.. Peaks, OF Dover, 10 call on Mr..
Brown, aud diSclaimed any further
claim, and offered 70 drop the action;
but they did not offer 10 pay anything
as damages 10 the trial, Tuesday, Mr..
Brown was represented by Thomas Ii.
Il. Pierce, Esq, OF Dexter, aud the
Main Central 0y ]. B. Peaks, Esq, OF
Dover.
The plaintiff claimed damages for his
money loss, counsel fees, aud annoyance
as direct damages; be also claimed
there was such gross csreleSsnesS or
fraud on the part OF he sersOn order
ing the box to be held as would make
the Maine Central, acting as the agent
OF such person, liable 10 exemplary
damages. The Maine Central denied
any liability, and asserted that the
father had no right to maintain the
action.
TO this the plaintiff replied that the