Brooker v. Silverthorne
South Carolina Supreme Court
99 S.E. 350 (1919)
Relevant factsFree
Silverthorne (defendant) called telephone operator Brooker (plaintiff) and, when she couldn't establish the connection he wanted, berated her and said, "If I were there, I would break your God damned neck." Brooker sued, alleging his abusive and threatening language caused her severe mental suffering and fear; a jury found in her favor, and Silverthorne appealed.
IssueFree
Whether abusive language gives rise to a civil cause of action absent a special relationship imposing duties between the parties or a threat the defendant should have known would cause fear of bodily harm.