Kirksey v. Jernigan Supreme Court of Florida, 1950. Facts: The plaintiff’s son was accidentally shot and killed and his body was taken by D, an undertaker, without P’s permission. D proceeded to embalm the body and refused to release the body to P unless P paid D a fee of $50. Procedural History: Lower court sustained D’s demurrer, which argued that compensatory damages were not recoverable for mental pain and anguish, nor were punitive damages. Issue: Can the rule that damages for mental anguish cannot be granted absent a physical injury be extended to the tortious interference with a spouse or next of kin’s right to possession of the body of a deceased person? Holding: No, judgment reversed and remanded. Reasoning: It is well settled that a spouse or a next-of-kin has a right to the possession of a body of a deceased person for purposes of burial, and any interference with this right is an actionable harm for which damages can be recovered. Additionally, it is only natural that the kind of damages that would result from such a harm are emotional in nature.