Buchanan v. West Jersey Railroad
Supreme Court of New Jersey
Motion for a new trial. The plaintiff, who was a woman, was lawfully on the railroad platform of the defendant. A piece of timber projected from one of the cars of a train so as to sweep over such platform, and the plaintiff, in order to avoid being struck by the-projecting timber, was obliged to throw herself on the platform. She did so, and the timber passed over without touching her.
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Motion for a new trial. The plaintiff, who was a woman, was lawfully on the railroad platform of the defendant. A piece of timber projected from one of the cars of a train so as to sweep over such platform, and the plaintiff, in order to avoid being struck by the-projecting timber, was obliged to throw herself on the platform. She did so, and the timber passed over without touching her. By reason of the shock to her nervous system,, occasioned by this peril, her health was seriously impaired. The verdict was in her favor.
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
This rule should be discharged. The suit was not on the single ground that the-plaintiff had been frightened. There was a basis for the action in the carelessness of the company which compelled the jdaintiff to throw herself upon the platform, as such carelessness, leading to that result, was per se actionable. The fright was an incident to such cause of action, and a mere-aggravation of the tort.
It is not- necessary in this case to decide whether mere fright caused by a wrongful accident, which results in physical injury, as,…
2Cited by9 opinions
- Portee v. JaffeeSupreme Court of New Jersey · 1980
- Ward v. West Jersey & Seashore RailroadSupreme Court of New Jersey · 1900
- Greenberg v. StanleyNew Jersey Superior Court Appellate Division · 1958
- Consolidated Traction Co. v. LambertsonSupreme Court of New Jersey · 1896
- Carter v. Public Service Coord. TransportNew Jersey Superior Court Appellate Division · 1957
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