299 S.W. 775 | Tenn. | 1927
A demurrer was filed which challenged the legal sufficiency of this declaration. The demurrer was sustained and the plaintiff has appealed to this court.
The judgment below must be affirmed. In Memphis Street RailwayCo. v. Bernstein,
We are not aware of any considered decision which holds that there can be a recovery for fright or shock because of danger to another, or injuries upon another in the presence of the plaintiff, even though the person imperiled or injured was near and dear to the plaintiff.
In other words, to justify a recovery in tort there must be a wrong done to the person or property of the plaintiff. Warehouse Cold Storage Co. v. Anderson,
In Memphis Street Railway Co. v. Bernstein, supra, the plaintiff was directly threatened and imperiled by the defendant, and that case is no authority here. A review of the cases is not considered necessary, since we find no conflict of decision, and the cases relied on by the plaintiff here do not support her contention.
The judgment below is affirmed. *614