Rogers v. Williard
Supreme Court of Arkansas
Appeal from .Sebastian Circuit Court, Fort Smith District; John Brizzolara, Judge; STATEMENT OF FACTS. U. S. Rogers and Edna Rogers brought suit against C. S. Williard to recover damages because of the miscarriage of Edna Rogers as the result of the alleged negligence and wrongful acts of the defendant.
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Appeal from .Sebastian Circuit Court, Fort Smith District; John Brizzolara, Judge; STATEMENT OF FACTS. U. S. Rogers and Edna Rogers brought suit against C. S. Williard to recover damages because of the miscarriage of Edna Rogers as the result of the alleged negligence and wrongful acts of the defendant. Their complaint alleges a state of facts substantially as follows: During the year 1919, U. S. Rogers and Edna Rogers lived on the farm of Edwin McDole and cultivated a part of it as his tenants. C. S. Williard lived on an adjoining farm. On the 22d day of April, 1919, Edna Rogers was about…
1Opinion of the CourtHart, J.
(after stating the facts). The right to recover damages for bodily pain and suffering resulting from fright without actual physical violence has been the subject of frequent adjudications by the courts of last resort of the various States, and the decisions are conflicting and to a great extent confusing.
In the case of the St. L., I. M. & S. Ry. Co. v. Bragg, 69 Ark. 402, this court held that damages could not be recovered at law for mental pain and anguish unaccompanied by physical injury and caused by unintentional negligence. The court said that where the law allows no recovery for the…
2Cases cited8 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- MBM Co., Inc. v. CounceSupreme Court of Arkansas · 1980
- Star v. RabelloNevada Supreme Court · 1981
- Courtney v. CourtneyWest Virginia Supreme Court · 1991
- Barnett v. Collection Service Co.Supreme Court of Iowa · 1932
- Bowles v. MaySupreme Court of Virginia · 1932
18 more not listed; retrieve them via the Exa API.