Kramer v. Ricksmeier

139 N.W. 1091 (1913)

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Kramer v. Ricksmeier

Iowa Supreme Court
139 N.W. 1091 (1913)

Facts

Kramer (plaintiff) lived on a farm with her husband in Iowa. Kramer was generally healthy except for a recent attack of inflammatory rheumatism, leaving her in a nervous condition. On April 12, Ricksmeier (defendant) called Kramer and angrily told her that her husband’s cattle had broken out of Kramer’s pen. Ricksmeier, using hostile language, told Kramer to gather the cattle immediately. Ricksmeier seemingly indicated to Kramer that he would go to Kramer’s house to avenge himself if the cattle caused any harm to him. As a result, Kramer became incredibly nervous and excited. This excitement led to pain and anxiety and put her in a feeble state, which ultimately caused her permanent disability. Kramer brought suit against Ricksmeier for the injuries she received from Ricksmeier’s phone call. Ricksmeier demurred, arguing that Kramer had failed to bring a cause of action and allege nonspeculative damages. The trial court sustained the demurrer and found for Ricksmeier.

Rule of Law

Issue

Holding and Reasoning (Evans, J.)

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