Atkinson v. Bibb Manufacturing Co.

Guerra, J.,

dissenting. ■ The controlling question in this case, as agreed upon by counsel, is whether or not a plaintiff may recover for wounded feelings, unaccompanied by physical injury, where the wounded feelings and mental pain and anguish are caused by a wilful and intentional act as distinguished from a negligent act. As a general rule, most cases involving mental pain and anguish as an item of damage arise where there is an accompanying damage to person, reputation, or property, or breach of contract. Our courts are committed to the principle that there can be no recovery for mental…