Engle v. Simmons
Supreme Court of Alabama
Action for Damages for Personal Injury from Wrongful Act. Appeal from Morgan Circuit Court. Heard before Hon. O. Kyle. A.ctiou by Mary P. Engle against W. B. Simmons. From a judgment for defendant rendered on sustaining a demurrer to 'the complaint, plaintiff appeals. — The demurrers in this case present two material questions for consideration.
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Action for Damages for Personal Injury from Wrongful Act. Appeal from Morgan Circuit Court. Heard before Hon. O. Kyle. A.ctiou by Mary P. Engle against W. B. Simmons. From a judgment for defendant rendered on sustaining a demurrer to 'the complaint, plaintiff appeals. — The demurrers in this case present two material questions for consideration. First, whether in an action to recover damages for an injury sustained through the negligence of another, the-.,, can' be.a recovery for a bodily injury caused by fright and mental disturbance. This is answered in the affirmative by the following…
1Opinion of the CourtDowdell, J.
— This is an action by the plaintiff, appellant here,' to recover damages for the wrongful act of the defendant, whereby she was caused to suffer great *94physical pain and consequent temporary physical disability. The complaint as amended contained five counts, to all of which a demurrer was sustained by the trial court, and, the plaintiff declining to plead over, a. judgment was rendered in favor of the defendant.
The principal and important question in the case is: Does the complaint as amended state a cause of action? It is a sound and just principle of law that, where one in violation of the…
2Cases cited6 opinions
- Hill v. KimballTexas Supreme Court · 1890
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Graham Paper Co. v. WohlwendSupreme Court of Iowa · 1902
- Razzo v. VarniCalifornia Supreme Court · 1889
- Brownback v. FraileyAppellate Court of Illinois · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- American Road Serv. Co. v. InmonSupreme Court of Alabama · 1980
- Clark v. Associated Retail Credit Men of WashingtonCourt of Appeals for the D.C. Circuit · 1939
- Urban v. Hartford Gas Co.Supreme Court of Connecticut · 1952
- Taylor v. Baptist Medical Center, Inc.Supreme Court of Alabama · 1981
- Boyce v. . Greeley Square Hotel Co.New York Court of Appeals · 1920
47 more not listed; retrieve them via the Exa API.