Spade v. Lynn & Boston Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. The declaration alleged that while, on February 16,1895, the plaintiff was a passenger in the defendant’s car, and in the exercise of due care, “ one of the defendant’s agents or servants, in attempting to remove from said car a certain person claimed and alleged by said defendant’s agent to be noisy, turbulent, and unfit to remain as a passenger in said car, conducted himself…
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Tort, for personal injuries occasioned to the plaintiff by the alleged negligence of the defendant. The declaration alleged that while, on February 16,1895, the plaintiff was a passenger in the defendant’s car, and in the exercise of due care, “ one of the defendant’s agents or servants, in attempting to remove from said car a certain person claimed and alleged by said defendant’s agent to be noisy, turbulent, and unfit to remain as a passenger in said car, conducted himself with such carelessness, negligence, and with the use of such unnecessary force, that said agent and servant, acting…
1Opinion of the CourtAllen, J.
This case presents a question which has not heretofore been determined in this Commonwealth, and in respect to which the decisions elsewhere have not been uniform. It is this: whether in an action to recover damages for an injury sustained through the negligence of another, there can be a recovery for a bodily injury caused by mere fright and mental disturbance. The jury were instructed that a person cannot recover for mere fright, fear, or mental distress occasioned by the negligence of another, which does not result in hodily injury; but that when the fright or fear or nervous shock…
2Cases cited13 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by188 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Knierim v. IzzoIllinois Supreme Court · 1961
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
183 more not listed; retrieve them via the Exa API.