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Wilkinson v. Downton

Queen's Bench

[1897] 2 Q.B. 57

Relevant factsFree

As a practical joke, Downton (defendant) falsely told Wilkinson (plaintiff) that her husband had been horribly injured in an accident and that she needed to go to him immediately. The shock caused Wilkinson to vomit and suffer a violent nervous reaction, along with weeks of further physical suffering, incapacity, and medical treatment that had not existed before the joke. Wilkinson sued for her actual travel expenses and for damages from the emotional and physical harm; a jury awarded both, and Downton appealed.

IssueFree

Whether outrageous conduct that actually produces physical or mental harm can support an action for intentional infliction of emotional distress.

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