Leach v. Leach
Court of Appeals of Texas
Error from Tarrant. Tried below before Hon. S. P. Greene. Where the tortious act complained of is an infringement on a legal right, damage on account of mental suffering may he recovered, if such damage is the direct, proximate and natural result of the wrong complained of, although there be no physical contact and no other element of actual damage.
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Error from Tarrant. Tried below before Hon. S. P. Greene. Where the tortious act complained of is an infringement on a legal right, damage on account of mental suffering may he recovered, if such damage is the direct, proximate and natural result of the wrong complained of, although there be no physical contact and no other element of actual damage. Larson v. Chase, 50 N. W. Rep., 238; Beach v. Hancock, 27 N. H., 228; Phelps v. Cogswell, 70 Cal., 201; Helderbrand v. McCrum, 101 Ind., 61; Bigaolittle v. Pautel, 134 Mass., 123; Moore v. Thompson, 52 N. W. Rep., 1000; Broome on Com. Law, 417,…
1Opinion of the Court
STEPHENS, Associate Justice.
One count of the petition filed against Thomas Leach in this case charged him with an assault upon the wife of Moses Leach (his nephew) with intent to have carnal knowledge of her. The charge submitting this issue is complained ©f, in that it authorized the jury, in assessing the damages, to take into consideration the humiliation and distress suffered by her by reason of such unlawful assault, though unaccompanied with any battery. It is insisted that the Trott case (86 Texas, 412) is authority for the proposition that, without a battery, no such injury -results…
2Cases cited1 opinion
- Gulf, Colorado & Santa Fe Railway Co. v. TrottTexas Supreme Court · 1894
3Cited by22 opinions
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Missouri, Kansas & Texas Railway Co. v. TarwaterCourt of Appeals of Texas · 1903
- Lonergan v. William Small & Co.Supreme Court of Kansas · 1909
- Valdez v. Church's Fried Chicken, Inc.District Court, W.D. Texas · 1988
- Fielder v. ParkerCourt of Appeals of Texas · 1938
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