This section contains the nature of the case and procedural background.

P was a night operator at the telephone exchange. D called the exchange over the telephone and asked for a certain connection, which she promptly tried to get for him, but, upon her failure to do so, he cursed and threatened her in an outrageous manner, saying to her: 'You God-damned woman! None of you attend to your business.' D continued to abuse and threaten her, saying to her: 'You are a God damned liar. If I were there, I would break your God damned neck.' That the language and threat put P in great fear that he would come to the exchange and further insult her, and that she was so shocked and unnerved that she was made sick and unfit for duty, and had to take medicine to make her sleep. When D's number would call, she would become so nervous that she could not answer the call. P sued D for mental anguish and nervous shock. The Court overruled a demurrer to the complaint for insufficiency, then later refused D's nonsuit. P was awarded $2000. D appealed.

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