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West Chicago St. R. R. v. Liebig

West Chicago St. R. R. Co. v. Emma Liebig

West Chicago St. R. R. v. Liebig, 79 Ill. App. 567 (1899)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
January 9, 1899
Judges
Adams
Citations
79 Ill. App. 5671898 Ill. App. LEXIS 335
Disposition
Reversed.
Headnotes
1. Personal Injuries—No Recovery for Mere Fright.—There can be no recovery for mere fright, unaccompanied with physical injury, although resulting finally in bodily ailments.
Summary
Trespass on the Case, for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

Text extracted by OCR from a scanned original; check the original for exact wording.

Mb. Justice Adams delivered the opinion of the court.

This is an appeal from a judgment for $4,000, rendered in an action on the case for negligence, in which appellee was plaintiff and appellant defendant. Appellee was a passenger on a car of the appellant, the motive power of which was electricity. The negligence charged and the alleged result thereof are thus stated in the declaration:

“ As said car was turning a certain curve at or near the point where Ashland avenue is intersected and crossed by said Clybourn place, said car started forward with a sudden jerk, so that the pole aforesaid running from said overhead wire or trolley wire to the car became detached or loosened from its fastening and fell ivith great force and violence to and upon the roof of said car and bounded from hence to the ground, by means of which premises the plaintiff was then and there greatly frightened, terrified, stunned and shocked; and she became and was sick, sore, lame and disordered, and so remained for a long space of time, and will for all time, as a direct result of the said injuries so occasioned as aforesaid, remain sick, sore, lame and disordered,” etc.

Appellee testified that she was frightened, but that nothing was the matter with her immediately after the accident, except that she was in a weak and nervous condition, but that, in about two weeks after the accident, she began to have headache and pains in her back. She describes other physical ailments occurring afterward, which she claims were the result of fright occasioned as alleged in her declaration. It is not claimed that the fright was accompanied by any physical injury, and the evidence is that it was not.

The question presented, namely, whether there can be a recovery for mere fright unaccompanied with physical injury, but resulting finally in bodily ailments, is fully discussed in the recent case of Braun v. Craven, 175 Ill. 401 , and decided in the negative. That case is decisive of this.

The judgment will be reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1899: 11980: 11988: 118992026peak 1899 · 1

Relies on it most ⓘ

  1. Nelson v. Crawford81 N.W. 335 (Mich. 1899)
  2. Williams v. Baker540 A.2d 449 (D.C. 1988)
  3. Cutright v. CITY NAT'L BK. OF KANKAKEE410 N.E.2d 1142 (Ill. App. Ct. 1980)

Most recent

  1. Williams v. Baker540 A.2d 449 (D.C. 1988)
  2. Cutright v. CITY NAT'L BK. OF KANKAKEE410 N.E.2d 1142 (Ill. App. Ct. 1980)
  3. Nelson v. Crawford81 N.W. 335 (Mich. 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Braun v. Craven, 42 L.R.A. 199 (Ill. 1898) 93

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