Hamby v. Edmunds Motor Company

(After stating the foregoing facts.) This action is based on the alleged commission by the defendant of a wilful and positive tort. The plaintiff claims damages for mental anxiety and for impaired health resulting from such anxiety on account of the defendant’s conduct in writing her the letter set forth in the statement of facts. In a case based on fright, where no physical injuries result and where there is no actual immediate physical injury, in order to set forth a cause of action it must appear from the petition either, (1) that the injuries were the natural and proximate result of the…