Dresbach v. Davis

Court of Appeals of Georgia

Dresbach v. Davis

86 S.E. 256, 17 Ga. App. 79, 1915 Ga. App. LEXIS 268

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1915

Docket6147

StatusPublished

Cited by3 cases

This text of 86 S.E. 256 (Dresbach v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dresbach v. Davis, 86 S.E. 256, 17 Ga. App. 79, 1915 Ga. App. LEXIS 268 (Ga. Ct. App. 1915).

Pincite

Opinion

Russelb, C. J.

1. The plaintiff did not ask damages for a physical injury suffered in consequence of a battery, though two distinct batteries of her person by the defendant are alleged. The right to recover, as pleaded in the plaintiff’s petition, was based solely upon an injury to her feelings and to her peace and happiness, and, under the ruling in Chapman v. Western Union Tel. Co., 88 Ga. 763 (15 S. E. 901, 17 L. R. A. 430, 30 Am. St. R. 183), the law in this State does not allow a recovery. of damages for mere mental suffering and anguish, no matter how extreme or with what wantonness the injury to one’s feelings may have been inflicted. See, in this connection, Glenn v. Western Union Tel. Co., 1 Ga. App. 821 (2), 827, 829 (58 S. E. 83).

2. The court did not err in sustaining the demurrer to the petition.

Judgment affirmed.

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Russelb, C. J.

1. The plaintiff did not ask damages for a physical injury suffered in consequence of a battery, though two distinct batteries of her person by the defendant are alleged. The right to recover, as pleaded in the plaintiff’s petition, was based solely upon an injury to her feelings and to her peace and happiness, and, under the ruling in Chapman v. Western Union Tel. Co., 88 Ga. 763 (15 S. E. 901, 17 L. R. A. 430, 30 Am. St. R. 183), the law in this State does not allow a recovery. of damages for mere mental suffering and anguish, no matter how extreme or with what wantonness the injury to one’s feelings may have been inflicted. See, in this connection, Glenn v. Western Union Tel. Co., 1 Ga. App. 821 (2), 827, 829 (58 S. E. 83).

2. The court did not err in sustaining the demurrer to the petition.

Judgment affirmed.

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Bluebook (online)

86 S.E. 256, 17 Ga. App. 79, 1915 Ga. App. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dresbach-v-davis-gactapp-1915.

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