White v. Sander

No Recovery for Bodily Injury caused by Fright mid Mental Disturbance. In an action to recover damages for an injury sustained through the negligence of another, there can be no recovery for a bodily injury caused by mere fright and mental disturbance.

Two actions OF TORT, that of the female plaintiff being to recover damages for injuries alleged to have been caused her by the throwing of a stone by the defendant through a closed blind into a room in which she then was, and the action of the male plaintiff, who was her husband, being to recover damages for the loss of his wife’s services caused by said act. At the trial in the Superior Court, before Dunbar, J., the defendant" asked the judge to instruct the jury that the plaintiffs were not entitled to recover damages by reason of either mental suffering or bodily injury^ if any, resulting from mere fright of the female plaintiff, produced by the throwing of the stone by the defendant into the building. The judge refused so to rule; and the defendant excepted. The judge instructed the jury, in substance, that the .plaintiffs were entitled to recover for physical injury resulting from the wrongful act of the defendant, although such physical injury might have been the result of mental shock produced by "such act; and the defendant excepted. The judge also instructed the jury, in substance, that the plaintiffs were not entitled to recover damages by reason of mere fright occasioned by the defendant’s act. The jury returned a verdict for the male plaintiff in the sum of $179.30, and for the female plaintiff in the sum of $847.47; and the defendant alleged exceptions. The facts appear in the opinion. The cases were argued at the bar in January, 1897, and after-wards were submitted on briefs to all the justices.