Brooker v. Silverthorne
99 S.E. 350 · Supreme Court of South Carolina · 1919
Facts
Plaintiff, a night telephone operator, received a call from defendant Silverthorne. When plaintiff failed to connect his call, Silverthorne cursed and threatened her, saying, "You God damned woman! None of you attend to your business" and "You are a God damned liar. If I were there, I would break your God damned neck." Plaintiff was put in great fear, became sick, unfit for duty, and suffered nervous shock, requiring medicine and experiencing continued health issues. Defendant later apologized, stating he did not intend to offend, and plaintiff seemed satisfied with the apology.
Issue
The legal question is whether the plaintiff stated or proved a cause of action for damages based on the defendant's abusive and threatening language over the telephone.
Holding
The court reversed the lower court's judgment for the plaintiff. It held that the defendant's abusive and threatening language over the telephone did not constitute a civilly actionable cause for damages.
Rule
Mere words, even if abusive or threatening, are generally not civilly actionable unless they constitute an assault or fall under specific exceptions like the carrier-passenger relationship. A legally actionable threat requires an expression of an intention to inflict future injury, not merely a statement of what one would do if present. Such a threat must be capable of affecting the mind of a person of ordinary reason and firmness, or if the person is peculiarly susceptible, the defendant must know and take advantage of that fact. The court found the defendant's statement "If I were there, I would break your God damned neck" was not a threat because he was not present and expressed no intention to go there and injure the plaintiff.
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