State Rubbish Collectors Assoc v. Siliznoff – (Intentional Infliction of Emotional Distress)


State Rubbish Collectors Assoc v. Siliznoff

1952

Supp pg 20

Facts

Siliznoff was given the Brewery trash account which his father inlaw Kobzeff previously shared with Abromoff

Siliznoff took the account

The Rubbish Assoc went after Sliznoff becuase the Assoc wont let one take an account from another

Rubbish Assoc threatend to burn his truck if he didnt pay $1850 to Abromoff through the Assoc

Sliznoff doesnt pay

Procedural History

Rubbish sues for breach

Sliznoff counter claims Assault but will loose due to not imminent threats, only future threats.

Holding

Traynor belives the threat of assault should include threats in the future but calls it intentional infliction of emotional distress

– From their own emotions jurors are aware of the extent and character of the disagreeable emotions that may result from the defendants conduct, but a difficult medical question is presented when it must be determined if emotional distress resulted in physical injury.

intentional infliction of severe emotional distress

One who without privilege to doso, intentionally causes severe emotional distress to another who is liable (a) for such emotional distres, and (b) for bodily harm resulting from

You dont need to have physical harm, but YOU DO NEED threats to physical harm

– stuck on the fact of being beaten up, not so much the truck burning etc

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