# Samms v. Eccles

> Utah Supreme Court · January 10, 1961 · 11 Utah 2d 289

URL: https://www.frixlaw.com/law-library/cases/9794324

## Case

- **Full name:** Marcia G. SAMMS, Plaintiff and Appellant, v. David ECCLES, Defendant and Respondent
- **Court:** Utah Supreme Court
- **Decided:** January 10, 1961
- **Citations:** 11 Utah 2d 289; 358 P.2d 344; 1961 Utah LEXIS 141
- **Precedential status:** Published
- **Opinion:** Dissent by Callister
- **Judges:** Crockett, Callister, Henriod, Wade, McDonough
- **Cited by:** 87 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated by Johnson v. Rogers, 90 Utah Adv. Rep. 3 (1988).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794324

## Opinion text

CALLISTER, Justice
(dissenting).
I dissent. The opinion correctly states the law in cases of this nature. However, the complaint in the instant case is deficient and fails to state a cause of action. It fails to show that the defendant deliberately intended to injure the plaintiff by his unwelcome attentions, or that he knew or should have known that his conduct would result in severe emotional distress to the plaintiff. In fact, the plaintiff specifically alleges that “The defendant has wilfully, wantonly, and with intent to commit unlawful acts caused plaintiff severe emotional distress in the following particulars: Defendant has telephoned plaintiff late at night, and at other hours, upon at least IS and possibly more than 25 separate occasions and has made statements and proposals to plaintiff of a highly insulting, obscene and indecent nature, with the avowed purpose of inducing plaintiff to have illicit sexual relations with defendant * * (Emphasis added)
The complaint only shows that the alleged conduct of the defendant amounted to a moral, rather than a legal or actionable, wrong. 1
I would affirm the trial court.
HENRIOD, J., concurs in the dissenting opinion of Mr. Justice CALLISTER.
. Clack v. Thomason, 57 Ga.App. 253 , 195 S.E. 218 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794324. Public record. Not legal advice.