Brooker v. Silverthorne
Brooker v. Silverthorne
Opinion of the Court
The opinion of the Court was delivered by
*555 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 manner, saying to her; “You God damned woman! None of you attend to your business.” That she tried to reason with him, telling him that she had done all that she could to get the connection he wanted, but he continued to abuse and threaten her, saying to her: “You are a God damned liar. If I were there, I would break your God damned neck.” That the language and threat of defendant put her in' great fear that he would come to the exchange and further insult her, and that she was so shocked and unnerved that she was made sick and unfit for duty, and had to take medicine to make her sleep.. That for weeks aftewards, when defendant’s number would call, she would become so nervous that she could not answer the call. And that her nervous system was so shocked and wrecked that she suffered and continues to -suffer in health, mind, and body on account of the abusive and threatening language addressed to her by defendant.
The Court overruled a demurrer to the complaint for insufficiency, and defendant answered by general denial. Plaintiff’s testimony was in accord with the allegations of her complaint, and, at the close thereof, defendant moved for a nonsuit, which was refused.
(1) Although it cannot affect the decision, because the truth of the facts alleged is concluded by the verdict, it is nevertheless clue to the defendant to say that he denied emphatically using the language attributed to him, and his denial was corroborated by the testimony of his wife and a *556 lineman of the telephone company. Defendant testified, also, that, on hearing that plaintiff was offended, he went .to her and' told her that he did not intend to say anything to offend her, and did not remember having done so, and asked her what he had said that offended her, and she replied that he- had spoken a little, harshly to her; that he told her he did not remember having done so, but, if she thought so, he was very sorry, 'and she seemed to be satisfied with this apology. This conversation was not denied by plaintiff.
The question is whether.plaintiff stated or proved a cause of action. That question was decided in the negative in Rankin v. Railroad Co., 58 S. C. 532, 36 S. E. 997. In that case, Mrs. Rankin alleged that the railroad company’s agents trespassed upon her premises, and were about to cut down some trees of great value and beauty, and when she approached them and requested them not to do so, the foreman of the gang “cursed her and ordered her to get away from there, or he would put her in the penitentiary, and threatened to strike -her, she being an old woman, and otherwise maltreated and abused, her to her .great damage.” A demurrer to this complaint was sustained. The Court considered the complaint as having attempted to-set "forth two causes of action, one for trespass on .the plaintiff’s property and the other for the abusive and threatening language. After showing that ho cause of action for trespass was stated, the question whether an action would lie for the abusive and threatening language was considered, and it was held that it would not. On appeal, this Court affirmed the judgment upon the reasoning of the Circuit Court, and said:
“No assault upon the plaintiff is alleged, and mere words, under the circumstances stated, would not be civilly actionable.” ' ’
The Circuit Court rested its conclusions in part upon the following quotations from Cooley on Torts:
“An act or omission may be wrong in morals, or it may *557 be wrong in law. It is scarcely necessary to say that the two things are not interchangeable. No government has undertaken to give redress whenever an act was found to be wrong, judged by the standard of strict morality; nor' is it likely that any government ever will.” .Cooley on Torts, p. 3.
“A threat to commit an injury is also sometimes made a criminal offense, but it is not actionable private wrong. Many reasons may be assigned for.distinguishing between’ this case and that of an assault, one of them being that the threat only promises a future injury, and usually gives ample opportunity to provide against it, while an assault must be resisted on the instant. But the principal reason, perhaps, is found in the reluctance of the law to give a cause of action for mere words. Words never ■ constitute an assault, is a time-honored.'maxim. Words may be thoughtlessly spoken; they may be misunderstood; they may have indicated to the person threatened nothing but momentary spleen or anger, though when afterwards reported by witnesses they seem to express deliberate malice and purpose to injure. ■ Even when defamation is complained of, the law is very careful to require something more than expressions of anger, reproach, or contempt, before it will interfere; justly considering that it is safer to allow too much liberty than to interpose too much restraint. And comparing assaults and threats, another important difference is to be noted: In the case of threats, as has been stated, preventive remedies are available; but against an' assault there are usually none beyond what the party assaulted has in his own power of physical resistance.” Cooley on Torts, p. 29.
The language attributed to defendant — especially when-used by a man to a woman — merits severest condemnation and subjects the user to the scorn and contempt of his fellow men. But it is not civilly actionable. Diligent search has failed to discover any case or authority to the contrary, but many in support of the conclusion which we have reached.
Judgement reversed.
Reference
- Full Case Name
- Brooker v. Silverthorne.
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- Syllabus
- 1. Appeal and Error- — -Review—Verdict.—Verdict for plaintiff was conclusive as to truth of the facts alleged by her. 2. Courts — Rules of Decisions — Circumstances of Particular Case.— Every decision has tacit reference to the facts and circumstances of the case decided. 3. Threats — Civil Liability. — A threat of bodily injury to be actionable must produce fear in the mind of person against whom it is made, and must either be of such a nature and be made under such circumstances as to effect the mind of a person of ordinary reason and firmness, so as to influence his conduct, or must be made, with knowledge of person making it, against a person peculiarly susceptible to fear. 4. Threats — Abusive Language — Civil Action. — Defendant’s exclamations over the telephone to plaintiff exchange operator of, “You God damned woman! None of you attend to your business,” and: “You are a God damned liar. If I were there, I would break your God damned neck” — putting plaintiff in' great fear and making her nervous and unfit for duty, were not civilly actionable, if plaintiff was a person of ordinary reason and firmness, not being of siich nature or made under such circumstances as to put person of ordinary reason arid firmness in fear of-injury. 5. Evidence — Presumption ■— Reason and Fairness. — Telephone exchange operators, suing for damages for alleged threats made over telephone, will not be presumed not to be persons of ordinary reason and firmness. 6. Threats — Abusive Language. ■ — • Exclamations over telephone to exchange operator of, “If I were there, I would break your God damned neck” — was not a “threat.”