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On July 13, 1947, the body of the plaintiff's husband, Charles Wendall Ware, was interred in Little Zion Baptist Church Cemetery in Westmoreland county. In May, 1948, she decided to remove the remains and reinter them in Grant's Hill Cemetery in the same county, and for this purpose she sought the services of the defendant, W. Rufus Sanford, a white man, who was engaged in the business of an undertaker in the town of Montross. After some negotiations Sanford agreed to remove the remains and the casket in which they were originally interred and reinter them in Grant's Hill Cemetery. He also agreed to remove the tombstone and reinstall it at the new grave. For these services the plaintiff agreed to pay him the sum of $39. On July 10 Sanford telephoned the plaintiff that he engaged in removing the body; that the casket was in good condition, but that the wooden case in which it had been placed had been so badly damaged that it was necessary that a new one be supplied. He stated that the cost of the new case would be $14, and the plaintiff readily agreed to pay this additional amount. On the same day one of the plaintiff's daughters went to Grant's Hill Cemetery, found Sanford there, and was told by him that the reburial had been completed in a satisfactory manner. Shortly thereafter the plaintiff paid Sanford's bill of $53. About a month later a rumor reached the plaintiff that her husband's body had not been removed, and in order to satisfy her mind she employed another undertaker to investigate the matter. Upon opening the old grave it was discovered that both the casket and case and a part of the tombstone had been left in the grave. Upon an examination of the new grave it was discovered that the excavation consisted of a trench less than thirty inches in depth and barely of sufficient width to accommodate the body. In it the body was found, without the benefit of a casket, case, or shroud, only a few inches below the surface of the ground. The record discloses that in that locality the usual depth of a grave is from four to four and one-half feet.
Approximate Word count = 1448
Approximate Pages = 5.8
(250 words per page double spaced)
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