Braun v. Craven

42 L.R.A. 199, 175 Ill. 401
CourtIllinois Supreme Court
DecidedOctober 24, 1898
StatusPublished
Cited by100 cases

This text of 42 L.R.A. 199 (Braun v. Craven) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braun v. Craven, 42 L.R.A. 199, 175 Ill. 401 (Ill. 1898).

Opinion

Mr. Justice Phillips

delivered the opinion of the court:

The declaration in this case charges appellee with negligence in approaching the room where appellant was, and in so speaking and acting in her presence as to cause her injury. This constitutes the entire allegation on which a recovery is sought under the various counts of this declaration.

In addition to the evidence above recited it is disclosed that appellee claimed there was rent due him, and he entered the house for the purpose of collecting the same before the tenant’s goods should be removed therefrom. Under this state of facts it is necessary to determine whether the language of the appellee, his manner of entering the house and his acts therein are such as can be held to constitute negligence, and whether the injury sustained by appellant was such as might have been foreseen,. or was such a natural and probable consequence, under the surrounding circumstances, as might reasonably have been anticipated as the probable result of such acts and language.

The principle is, damages which are recoverable for negligence must be such as are the natural and.reasonable results of defendant’s acts, and the consequences must be such as, in the ordinary course of things, would flow from the acts and could be reasonably anticipated as a result thereof. Proximate damages are such as are the ordinary and natural results of the omission or commission of acts of negligence, and such as are usual and might have been reasonably expected. Remote damages are such as are the unusual and unexpected result, not reasonably to be anticipated from an accidental or unusual combination of circumstances,-—a result beyond and over which the negligent party has no control. The law regards only the direct and proximate results of negligent acts as creating a liability against a defendant. Here, appellee approached the house and entered the same, the door being ajar. So far as the averments of this declaration are concerned he lawfully entered, the house for the purpose of collecting rent. He passed noiselessly' (because of wearing overshoes) up the stairs and along the hall, approached the door of the only room he saw occupied, and used the language and made the gestures testified to by the- plaintiff’s witnesses without impact with plaintiff’s person. He then turned and left the room and went hurriedly to the office of the justice of the peace. These acts could not, in the ordinary course of thing's, have been reasonably anticipated to cause a diseased condition of appellant,—to create in her a seriously diseased condition. Appellee might have reasonably anticipated that his acts would cause excitement, or even fright; but fright and excitement so seldom result in a practically incurable disease that from the ordinary experience of mankind such a result could not have been expected. The evidence for plaintiff was, that by reason of the excitement and fright a condition of chorea, or St. Vitus dance, was produced. This is shown to be a diseased physical condition resulting from mental suffering, superinduced by excitement and fright, unattended by injury to the person resulting from impact. ' Under the pleadings in this case mere words and gestures are sought to be made actionable because of the nervous temperament of the plaintiff, without which such words and ges-tures would not be actionable. This would introduce and incorporate in the law a new element of damage,—a new cause of action,—by which a recovery might be had for an injury resulting to one of a peculiarly nervous temperament, while no injury would result to another in identically the same position. From such a cause of action and liability for damage a dangerous use could be made. No such recovery is authorized under the common law, and no statute gives it.

In Wyman v. Leavitt, 71 Me. 227, it was said: “We have been unable to find any decided case which holds that mental suffering alone, unattended by any injury to the person, caused by simple actionable negligence, can sustain action; and the fact that no such case exists and that no elementary writer asserts such doctrine is a strong-argument against it. * * * If the law were otherwise, it would seem that not only every passenger on a train that was personally injured, but every one that was frightened by a collision or by the train’s leaving a track, could maintain an action against the company.”

In G., C. & S. F. Ry. Co. v. Trott, 86 Tex. 12, plaintiff recovered damages for negligence of the railway company whereby his team was frightened and broke his wagon, putting him in fear and fright as to his personal safety, and causing him great mental suffering, vexation and anxiety of mind. The jury were instructed that if plaintiff was frightened and put in fear of his personal safety, and was caused mental pain or anxiety, they should allow him reasonable compensation therefor. Two questions were certified to the Supreme Court for decision, viz.: “First, in an action for damages based upon tortious and negligent conduct of a defendant, where the wrongful act caused damages to plaintiff’s property but no physical injury to plaintiff, is mental suffering an element of actual damages? Second, can actual damages be recovered for mental suffering where there is no physical injury, no injury to property, nor other element of actual damages?” The court said: “We are of the opinion that these questions should be answered in the negative. • So far as we have been able to discover, all the cases involving the question of the right to recover for fright alone are in accordance with that holding.”

In Indianapolis and St. Louis Railroad Co. v. Stables, 62 Ill. 313, it was said (p. 320): “We cannot readily understand how there can be pain without mental suffering. It is a mental emotion arising* from ,a physical injury. It is the mind that either feels or takes cognizance of physical pain,- and hence there is mental anguish or suffering inseparable from bodily injury unless the mind is overpowered and consciousness is destroyed. The mental anguish which would not be proper to be considered is, where it is not connected with the bodily injury but was caused by some mental conception not arising from the physical injury.”

In City of Chicago v. McLean, 133 Ill. 148, it was said (p. 153): “Any mental anguish which may not have been connected with the bodily injury, but caused by some conception arising from a different source, could not properly have been taken into consideration by the jury.”

In Canning v. Williamstown, 1 Cush. 452, it was said: “The argument for the defendants assumes that the plaintiff sustained no injury in his person, within the meaning of the statute, but merely incurred risk and peril, which caused fright and mental suffering. If such were the" fact the verdict would be contrary to law. But we must suppose that the jury, under the instructions given to them, found that the plaintiff received an injury in his person, —a bodily injury,—and that they did not return their verdict for damages sustained by mere mental suffering caused by the risk and peril which he incurred, and though that bodily injury may have been very small, yet it was a ground of action within the statute and caused mental suffering to the plaintiff. That suffering was a part of the injury, for which he was entitled to damages.”

In Keyes v. Minneapolis and St. Louis Railway Co. 36 Minn.

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Cite This Page — Counsel Stack

Bluebook (online)
42 L.R.A. 199, 175 Ill. 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braun-v-craven-ill-1898.