Hickey v. Welch
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglass, Judge. (1) The instruction asked by defendant at the close of plaintiff’s case that plaintiff could not recover, should have been given. Defendant inflicted no physical injury on plaintiff. She can not recover for fright or mental pain and anguish, or the effects of either unless accompanied with physical injury. Strange v. Eailroad, 61 Mo. App. 586; Connell v. Tel.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglass, Judge. (1) The instruction asked by defendant at the close of plaintiff’s case that plaintiff could not recover, should have been given. Defendant inflicted no physical injury on plaintiff. She can not recover for fright or mental pain and anguish, or the effects of either unless accompanied with physical injury. Strange v. Eailroad, 61 Mo. App. 586; Connell v. Tel. Co., 116 Mo. 84; Spohn v. Eailroad, 116 Mo. 617; Mitchell v. Eailroad, 34 L. E. A. (N. Y.) 781; Ewing v. Eailroad, 14 L. E. A. 666. (2) The giving of plaintiff’s…
1Opinion of the CourtGoode, J.
— It is claimed respondent was not physically injured by appellant and therefore her case must fail. There are several good answers to this contention.
Some courts have gone so far in applying the njle that damages are not recoverable for mental anguish or flight, as to practically hold that no injury, however serious, to a person’s health as the result of a negligent tort, even though insan*9ity, epilepsy or some other fearful disease ensues, is actionable, if the tort produced terror or anxiety; it being assumed apparently that these mental phenomena, instead of the wrongful act, wer*e the…
2Cases cited25 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hewlett v. GeorgeMississippi Supreme Court · 1891
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
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3Cited by25 opinions
- Dickens v. PuryearSupreme Court of North Carolina · 1981
- Bowles v. MaySupreme Court of Virginia · 1932
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Phelps v. BrossMissouri Court of Appeals · 2002
- Johnson v. SampsonSupreme Court of Minnesota · 1926
20 more not listed; retrieve them via the Exa API.