BROOKER V. SILVERTHORNE
99 S.E. 350 (1919)
NATURE OF THE CASE: Silverthorne (D) appealed a judgment in favor of Brooker (P) for P's
action for mental anguish and nervous shock.
FACTS: P was a night operator at the telephone exchange. D 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.' D 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 put P 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. When D's number would
call, she would become so nervous that she could not answer the call. P sued D for mental
anguish and nervous shock. The Court overruled a demurrer to the complaint for
insufficiency, then later refused D's nonsuit. P was awarded $2000. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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