Wyman v. Leavitt
Supreme Judicial Court of Maine
On exceptions AND motion to set aside the verdict. The facts sufficiently appear in the opinion. The objection to the testimony of Mrs. Wyman is not well' founded, because: I. The element of fear is a legal element of damage in a case-like this. II. These facts were a part of the res gestae, and proper to gO' to the jury to determine whether there was gross negligence,, amounting to a willful and wanton intent on the part of the' defendant. III.
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On exceptions AND motion to set aside the verdict. The facts sufficiently appear in the opinion. The objection to the testimony of Mrs. Wyman is not well' founded, because: I. The element of fear is a legal element of damage in a case-like this. II. These facts were a part of the res gestae, and proper to gO' to the jury to determine whether there was gross negligence,, amounting to a willful and wanton intent on the part of the' defendant. III. It was competent for Mrs. Wyman to testify to her own. feelings and no other evidence was offered. Stowe v. Heywood,. 7 Allen, 118. This is an action…
1Opinion of the CourtVirgin, J.
These are actionsonthe case against a sub-contractor to recover damages caused by his alleged negligence in blasting •out a ledge within the located limits of a railroad, whereby rocks ■were thrown upon the plaintiffs’ adjoining lands and buildings, ■•and for not removing, within a reasonable time thereafter, rocks •thus lodged on their respective premises.
The cases were tried together. At the trial, Mrs. Wyman’s 'counsel asked her, when upon the stand as a witness, to "give The jury some idea of her anxiety in relation to the blasting of the ledge while she was in and about the house — in…
2Cases cited3 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Johnson v. Wells, Fargo & Co.Nevada Supreme Court · 1870
3Cited by41 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Falzone v. BuschSupreme Court of New Jersey · 1965
- Braun v. CravenIllinois Supreme Court · 1898
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
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