Lonergan v. William Small & Co.

Citations

• 81 Kan. 48
• 105 P. 27
• 1909 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages -^Mental Suffering — Willful Tort. The general rule applied in cases of unintentional negligence — that mental suffering unaccompanied by bodily injury is not a ground of recovery — is not applicable in cases of willful and wanton wrongs and those committed with malice and an intention to cause mental distress.</p> <p>2. Assault — Injury to the Mind hut Not to the Body. An assault upon another is an intentional infringement upon the absolute right of personal security, for which the law gives a right of action against the wrongdoer in which damages for mental suffering which is the proximate and natural result of such wrong may be awarded, although there was no battery or bodily injury inflicted.</p> <p>3. - Excessive — Remittitur. The damages herein allowed held to be excessive and an option to remit the excess is given to the appellee.</p>