33 S.E.2d 836 | Ga. Ct. App. | 1945
The petition set out a cause of action against both defendants, and the court did not err in overruling the general and special demurrers.
The defendants filed separate general demurrers, identical in form, to the effect that: (1) the petition set forth no cause of action against either of the defendants; (2) it does not appear that the alleged acts were the proximate cause of the plaintiff's damages; *424 (3) it does not appear that the plaintiff suffered any damage caused by the acts of either of the defendants or that the acts of either resulted in any damage to her or caused the physical ailments set out; (4) it does not appear from the allegations of the petition that there was any actual, immediate personal injury, and it does not appear that the injuries were the natural and proximate result of the acts of the defendants, or either of them, and it does not appear that the defendants, or either of them, could and should have known that the acts producing the alleged injuries would with reasonable certainty cause such results, and it does not appear that the injuries resulted from gross carelessness, coupled with a knowledge of the probable physical results. The defendants renewed the general demurrers after the plaintiff had amended her petition.
The defendants demurred specially to paragraph 16 of the petition which alleged, "Petitioner further shows that the defendants are mean, vile, and boisterous persons, and the conduct herein described, because of their character, increased and intensified her fear and alarm," upon the ground that the allegations contained therein are conclusions of the pleader and no facts are alleged on which to base said allegations. The defendants demurred specially to paragraph 18 (which alleged: "In seeking to enter petitioner's home, and in the commission of the indignities and abuses hereinbefore detailed, the defendant A. J. Marcelli was acting for and on behalf of himself and also his wife, defendant Mrs. Billie Dunn Marcelli, who was present, aiding, abetting, conniving, and encouraging the said A. J. Marcelli, and participating in the commission of said acts in the manner hereinbefore alleged. Petitioner further shows that the said Mrs. Billie Dunn Marcelli herself participated in the commission of the acts in the manner hereinbefore set forth)," upon the ground that the same sets forth a conclusion without any facts being alleged in the petition on which to base said conclusion. The defendants demurred specially to that part of paragraph 19 of the amended petition (wherein it is alleged that the acts of "Said defendants [were performed] voluntarily, wantonly, and intentionally, and with the purpose of alarming, frightening, and terrorizing your petitioner, and were performed maliciously with the purpose of injuring petitioner. It is alleged that the defendants knew or should have known that such conduct would injure petitioner in the manner hereinbefore described and *425 petitioner alleges that her injuries were the direct and proximate result of the conduct of the defendants, which conduct was with the wilful and intentional purpose of injuring petitioner)." on the ground that same sets forth a conclusion, without alleging facts to sustain the same.
The court overruled the general and special demurrers to the petition as amended, and the defendants excepted separately to said ruling. The assignments of error are identical in each case, and both will be considered together in the following opinion.
1. The court did not err in overruling the defendants' demurrers. It is well-settled law in this State that a wilful, wanton, and malicious tort resulting in pain and suffering will authorize a recovery for damages. Interstate Life Accident Co. v.Brewer,
The allegations of the plaintiff's petition appear in the above statement of facts. It will be seen that the defendants went to her home, after having been asked by her not to do so, and then while cursing and abusing her, undertook to enter the house where she lived, and when she protested and asked them to leave, they used to and of her vile and profane language, in the presence of others; and that the defendant A. J. Marcelli, at the instance of Mrs. Billie Dunn Marcelli, approached the plaintiff in a menacing and threatening manner, and, shaking his fist at her and placing his face within a very few inches of her face, loudly exclaimed that he was going to throw her out of the house. The acts and conduct of the defendants so frightened her that she fainted and remained unconscious for fifteen or twenty minutes, and was then confined to her bed for a period of four days as the result of the fright and injury caused by the conduct of the defendants. It is alleged that as a direct and proximate result of the acts and conduct of the defendants the plaintiff sustained mental and physical impairment, and that the acts of the defendants in cursing, threatening, abusing, and attempting to enter and eject her from her home were voluntary, wanton, intentional, and malicious, and for the purpose of alarming, frightening, and terrorizing her; and that the defendants knew or should have known that such conduct would injure her, and that her injuries were the direct and proximate result of the conduct of the defendants. According to the allegations of the petition, the defendants were acting together in their wrongful acts and conduct towards the plaintiff.
Under the facts alleged and the authorities above cited, the petition set out a cause of action against the defendants for actual and punitive damages. For other cases supporting this ruling, see Williamson v. Central Ry. Co.,
2. The special demurrers to paragraphs 16, 18, and 19 of the petition, which are above set out, are without merit, and the court properly overruled the same.
Judgment affirmed. Felton and Parker, JJ., concur.