Christy Bros. Circus v. Turnage, (No. 18431.)
| Decision Date | 15 September 1928 |
| Docket Number | (No. 18431.) |
| Citation | 144 S.E. 680,38 Ga.App. 581 |
| Parties | CHRISTY BROS. CIRCUS. v. TURNAGE. |
| Court | Georgia Court of Appeals |
(Syllabus by Editorial Staff.)
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Physical Injury.]
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Unlawful Touching.]
Error from Superior Court, Randolph County; M. J. Yeomans, Judge.
Action by Velna Turnage against the Christy Bros. Circus. Judgment for plaintiff, and defendant brings error. Affirmed.
Chas. W. Worrill, of Cuthbert, and A. L. Miller, of Edison, for plaintiff in error.
P. D. Rich, of Bainbridge, L. B. West, of Cuthbert, and H. G. Rawls, of Donalsonville, for defendant in error.
STEPHENS, J. [1] 1. There may be a recovery of damages for mental suffering, humiliation, or embarrassment resulting from a physical injury of which they are inseparable components. The case of Chapman v. Western Union Telegraph Co., 88 Ga. 763, 15 S. E. 901, 17 L. R. A. 430, 30 Am. St. Rep. 183, and cases following it, are distinguishable.
2. Any unlawful touching of a person's body, although no actual physical hurt may ensue therefrom, yet, since it violates a personal right, constitutes a physical injury to that person. See, in this connection, Civil Code (1910) § 4423; Goodrum v. State of Georgia, 60 Ga. 509. The unlawful touching need not be direct, but may be indirect, as by the precipitation upon the body of a person of any material substance.
3. Since the right to recover for a. mental condition induced by the tortious act of another is dependent upon the existence of a physical injury, a person suffering a mental condition dependent upon an injury to the person may, in suing to recover damages for the injury, limit the damages to the mental suffering alone, and it is not essential to his right to the recovery of damages for mental suffering that the physical injury out of which the mental suffering arose was productive of any actual physical hurt or damage, or that he should seek a recovery for such actual physical hurt or damage.
4. Where a petition alleged that the plaintiff was an unmarried white lady, and that while in attendance as a guest of the defendant at a circus performance given by the defendant, and while seated in one of the seats provided by the defendant for the defendant's guests at the circus, a horse, which was going through a dancing performance immediately in front of where the plaintiff was sitting, was by the defendant's servant, who was riding upon the horse, caused to back towards the plaintiff, and while in this situation the horse evacuated his bowels into her lap, that this occurred in full view of many people, some of whom were the defendant's...
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...Ga. at 828, 412 S.E.2d 826. In OB-GYN Assoc., the Supreme Court overruled the expansive impact rule stated in Christy Bros. Circus v. Turnage, 38 Ga.App. 581, 144 S.E. 680 (1928). In addressing the impact holding in Christy Bros., the Supreme Court stated that the plaintiff in that case "wa......
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...must result in a physical injury."3Littleton II at 666(A), 386 S.E.2d 146. In so doing, the Court overruled Christy Brothers Circus v. Turnage, 38 Ga.App. 581, 144 S.E. 680 (1928), a case in which the plaintiff was allowed to seek damages for emotional distress resulting from the "impact" o......
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