Morris v. Lackawanna & Wyoming Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 18, Jan. T., 1910, by plaintiffs, from judgment of C. P. Luzerne Co., Feb. T., 1907, No. 232, on verdict for defendant in case of James L. Morris and Mary M. Morris, his wife, v. The Lackawanna & Wyoming Valley Railroad Company. Trespass to recover damages for personal injuries.
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Appeal, No. 18, Jan. T., 1910, by plaintiffs, from judgment of C. P. Luzerne Co., Feb. T., 1907, No. 232, on verdict for defendant in case of James L. Morris and Mary M. Morris, his wife, v. The Lackawanna & Wyoming Valley Railroad Company. Trespass to recover damages for personal injuries. Before Ferris, J. At the trial it appeared that plaintiff claimed damages for a miscarriage caused by a nervous shock to which she was subjected while riding in one of defendant’s electric cars. The court charged in part as follows: We are obliged to conclude that the case falls within the rule of law…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We have read with care the able and exhaustive argu*200ment-of- the learned counsel for appellants but have not been convinced that the trial Judge committed error in directing a verdict for defendant. The learned court below followed the rule of our Pennsylvania cases in holding that there can be no recovery' of damages for bodily or mental suffering resulting from fright unconnected with physical injury. While, it is true, this rule has been relaxed more or less in some jurisdictions, it has been uniformly upheld and applied in our state: Fox v. Borkey, 126 Pa. 164;…
2Cases cited5 opinions
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Huston v. Freemansburg BoroughSupreme Court of Pennsylvania · 1905
- Linn v. Duquesne BoroughSupreme Court of Pennsylvania · 1903
- Fox v. BorkeySupreme Court of Pennsylvania · 1889
- Chittick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
3Cited by15 opinions
- Bosley v. AndrewsSupreme Court of Pennsylvania · 1958
- Howarth v. Adams Express Co.Supreme Court of Pennsylvania · 1921
- Knaub v. GotwaltSupreme Court of Pennsylvania · 1966
- ZELINSKY Et Ux. v. ChimicsSuperior Court of Pennsylvania · 1961
- Koplin v. Louis K. Liggett Co.Supreme Court of Pennsylvania · 1936
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