Photos of the Decedent

 
EVANSVILLE SCHOOL CORP. v. PRICE

208 N.E.2d 689 (Ind. 1965)

This action was commenced by Alfred Price, father of Alfred Lee Price (deceased), against the Evansville School Corporation, to recover damages for wrongful death allegedly sustained as the result of the decedent, Alfred Lee Price, being injured while a spectator attending a baseball game at Bosse Field in the City of Evansville, Indiana. The boy, age 11, was struck on the head with a baseball on May 27, 1960, and died as a result of said injuries on May 29, 1960....

At the trial the appellee offered in evidence a color photograph depicting the deceased youth lying in his casket, after preparation by a mortician, and prior to internment. The photograph shows the white satin interior of the casket and that portion of the body exposed to public view. The decedent's face bears a deep tan, and he is clothed in a white sport coat and a blue shirt open at the neck. The photograph is not gruesome, nor does it depict any physical markings, wounds, defects or other bodily abnormalities. The appellant objected to the admission of the photo.

How would you argue the relevancy and admissibility, or the irrelevancy and inadmissibility, of the photograph? How should the court rule?



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