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Robb v. Pennsylvania Railroad Co.
Delaware Supreme Court
210 A.2d 709 (Del. 1965)
The Pennsylvania Railroad Co. (Penn RR) (defendant) negligently failed to fix a rut at one of its street crossings. Robb’s (plaintiff) car got stuck in the rut and she was trying to get it out when a train came down the tracks. The train could not stop in time and destroyed her car. Robb was able to jump out of the way and avoid physical injury. However, Robb brought suit for negligent infliction of emotional distress, claiming that due to the near miss, she suffered nervous shock that impaired her ability to nurse her child and do her job. The trial court granted summary judgment to Penn RR on the grounds that Robb sustained no physical impact. Robb appealed.
Rule of Law
Holding and Reasoning (Herrmann, J.)
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