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" Damages arising from mere sudden terror, unaccompanied by any actual physical injury, but occasioning a nervous or mental shock, cannot under such circumstances be considered a consequence which, in the ordinary course of things, would flow from the negligence... "
The Central Law Journal - Page 132
1888
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 78

Ohio. Supreme Court - Law reports, digests, etc - 1908 - 598 pages
...plaintiff her fright was caused by seeing the train approaching, and thinking they were going to be killed. Damages arising from mere sudden terror unaccompanied...injury, but occasioning a nervous or mental shock, can not under such circumstances, their Lordships think, be considered a consequence which, in the...
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Atlantic Reporter, Volume 66

Law reports, digests, etc - 1907 - 1166 pages
...fright. In its turn, so affects such structures as to cause injury to health, such injury cannot be 'a consequence which, In the ordinary course of things, would flow from the' negligence, unless such injury 'accompany such negligence in point of time.' " In Purcell v. St Paul City Ry. Co.,...
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Revue Légale, Volume 16

Law - 1888 - 760 pages
...and thinking they were going to be killed. Damages arising from mère sudden tcrror, nnaccompanied by any actual physical injury, but occasioning a nervous or mental shock, could not, undersuch circumstances. be considered a conséquence which, in thé ordinary course of...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 2

Theodore Sedgwick, Arthur George Sedgwick - Damages - 1891 - 764 pages
...13 App. Cas. 222. C) Byrne v. Great Southern & W. Ry. Co., in the Court of Appeal. injury cannot be a consequence which, in the ordinary course of things, would flow from the negligence, unless such injury accompany such negligence in point of time." The principle adopted in this case...
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A Treatise of the Law of Damages: Embracing an Elemantary ..., Volume 1

Jabez Gridley Sutherland - Damages - 1893 - 1132 pages
...to be that damages arising from mere sudden terror, unaccompanied by actual physical injury, cannot be considered a consequence which, in the ordinary course of things, would flow from such negligence.1 The court observed that it was remarkable that no precedent was cited of a similar...
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The South Western Reporter, Volume 25

Law reports, digests, etc - 1894 - 1232 pages
...arising from mere sudden terror, unaccompanied by any actual physical injury, but occasioning a nervous mental shock, cannot, under such circumstances, their...gatekeeper. If it were held that they can, it appears to thc'ir lordships that it would be extending the liability for negligence much beyond what that liability...
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A System of legal medicine v. 2, Volume 2

Allan McLane Hamilton - 1894 - 800 pages
...recover, the damages being too remote. Sir Richard Couch, in delivering the opinion of the court, said : " Damages arising from mere sudden terror unaccompanied...lordships think, be considered a consequence which, iu the ordinary course of things woidd flow from the negligence of the gate-keeper." To the same effect...
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A System of Legal Medicine, Volume 2

Allan McLane Hamilton - Medical jurisprudence - 1894 - 754 pages
...recover, the damages being too remote. -Sir Kichard Couch, in delivering the opinion of the court, said: "Damages arising from mere sudden terror unaccompanied...but occasioning a nervous or mental shock, cannot imder such circumstances, their lordships think, be considered a consequence which in tho ordinary...
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Mayne's Treatise on Damages

John Dawson Mayne, Sir Lumley Smith - Damages - 1894 - 744 pages
...Privy Council declined to say whether actual impact was necessary, but held that damages resulting from mere sudden terror unaccompanied by any actual...injury, but occasioning a nervous or mental shock, could not be considered the natural consequence of the negligence complained of. In the particular...
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The Southwestern Reporter, Volume 25

Law reports, digests, etc - 1894 - 1228 pages
...plaintiff, her fright was caused by seeing the train approaching, and thinking they were going to be killed. Damages arising from mere sudden terror, unaccompanied...actual physical Injury, but occasioning a nervous mental shock, cannot, under such circumstances, their lordships think, be considered a consequence...
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