Baltimore & OR Co. v. McBride

HICKENLOOPER, Circuit Judge.

The question presented has a dual aspect, that of the admissibility of evidence of incidental, fright when such fright was not specifically pleaded other than as nervous shoek arising from physical injury; and that of proximate cause or whether recovery may be had for injury to the nervous system from fright occurring subsequent to the actual negligence of defendant and arising from the situation in which the plaintiff found himself immediately after and as a result of the accident. Liability was conceded. The plaintiff was an engineer upon one of the defendant’s…