Davis v. Cleveland Ry. Co.

Should the judgment for the defendant herein-stand?

There is general agreement among the authorities that mere fright, unaccompanied or followed by physical injury, does not form the basis for a cause of action. But the cases are in hopeless conflict as to whether there is a right of recovery for physical injury, disability, or illness resulting from fright caused by a negligent act. Probably no question connected with the law of negligence has given rise to so much difference of opinion.

Those courts which deny recovery give one or more of the following reasons for their decisions: (1) Since…