Brooker v. Silverthorne
Supreme Court of South Carolina
Before SeasE, J., Barnwell--Term-. Action by Mrs. Cora Brooker against A. E. Silverthorne, Judgment for plaintiff, and defendant appeals. submits: No recovery for mental suffering is permissible except under the mental anguish statute: 84 S. C. 15. In this State dcunages cannot be recovered for mental anguish disconnected with, and in the absence of bodily injury: 78 S. C. 552; 58 S. C. 582; Addison on Tort's, section 1; Cooley on Torts, p. 3. The distinction between the…
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Before SeasE, J., Barnwell--Term-. Action by Mrs. Cora Brooker against A. E. Silverthorne, Judgment for plaintiff, and defendant appeals. submits: No recovery for mental suffering is permissible except under the mental anguish statute: 84 S. C. 15. In this State dcunages cannot be recovered for mental anguish disconnected with, and in the absence of bodily injury: 78 S. C. 552; 58 S. C. 582; Addison on Tort's, section 1; Cooley on Torts, p. 3. The distinction between the recent case of Lipman v. A. C. A. Ry. Company, 108 S. C. 151, and Cave v. R. R. Co., 94 S. C. 282, and the one at bar is…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Defendant appeals from judgment for plaintiff for $2,000 damages for mental anguish and nervous shock alleged to have been caused by abusive and threatening language addressed to plaintiff by defendant over the telephone.
Plaintiff alleges: That on October 27, 1916, she was night operator at the telephone exchange at Barnwell. That defendant called the 'exchange over the telephone and asked for a certain connection, which she promptly tried to get for. him, but, upon her failing to do so, he cursed and threatened her in an outrageous…
2Cases cited3 opinions
- Rankin v. Sievern & Knoxville R. R.Supreme Court of South Carolina · 1900
- Cave v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1913
- Grimes v. GatesSupreme Court of Vermont · 1874
3Cited by17 opinions
- Breeden v. League Services Corp.Supreme Court of Oklahoma · 1978
- Clark v. Associated Retail Credit Men of WashingtonCourt of Appeals for the D.C. Circuit · 1939
- Tandy Corp. v. BoneSupreme Court of Arkansas · 1984
- Lyons v. Zale Jewelry Co.Mississippi Supreme Court · 1963
- Mellen v. LaneCourt of Appeals of South Carolina · 2008
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