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Mitchell v. Rochester Railway
New York Court of Appeals
45 N.E. 354 (N.Y. 1896)
On April 1, 1891, Mitchell (plaintiff) was standing on a crosswalk on Main Street in the city of Rochester. She was waiting to board one of the cars owned by Rochester Railway (Railway) (defendant). As she was standing there, a horse-drawn car owned by Railway came rushing immediately toward Mitchell. It stopped short just before hitting her, but she alleges the experience caused her extreme shock and fright, so much so that she became unconscious and suffered a miscarriage. Mitchell brought suit against Railway for negligence based on the fact that it caused her extreme fright which resulted in other injuries. The lower courts granted judgment for Mitchell, and Railway appealed.
Rule of Law
Holding and Reasoning (Martin, J.)
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