Morse v. Chesapeake & Ohio Ry.
Court of Appeals of Kentucky
Case 2 — Action by Zona B. Morse against Chesapeake & Ohio Railway Company to 'Recover Damages for Fright and Mental Suffering. APPEAL FROM LEWIS CIRCUIT COURT. Demurrer to Petition Sustained and Plaintiff Appeals.
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Case 2 — Action by Zona B. Morse against Chesapeake & Ohio Railway Company to 'Recover Damages for Fright and Mental Suffering. APPEAL FROM LEWIS CIRCUIT COURT. Demurrer to Petition Sustained and Plaintiff Appeals. POINTS AND AUTHORITIES MADE AND CITED IN THE BRIEF. 1. The petition*as amended, stated a cause of action- for physical injuries inflicted by appellee at the! time of the catastrophe from impact with the person of appellant and the demurrer should have been overruled to it is amended whatever view this court may take of the main question involved. 2. The construction, maintenance…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
The appellant, Zona B. Morse, sought in this; action to recover damages from the Chesapeake & Ohio Railway Company for “fright and mental suffering,” and superinduced subsequent nervous prostration and injury, although there was no contemporaneous physical injury inflicted by the appellee. The facts which the plaintiff relied upon to support her cause of action are, in substance, that she owns a house and lot located on the west side of Main street, in the village of Quincy, in Lewis county, in which she resided at the time of her alleged,…
2Cases cited1 opinion
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
3Cited by11 opinions
- Osborne v. KeeneyKentucky Supreme Court · 2012
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- McGee v. VanoverCourt of Appeals of Kentucky · 1912
- Reed v. FordCourt of Appeals of Kentucky · 1908
- Spearman v. McCraryAlabama Court of Appeals · 1912
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