Wyman v. Leavitt

71 Me. 227 (1880)

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Wyman v. Leavitt

Maine Supreme Judicial Court
71 Me. 227 (1880)

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Facts

Leavitt (defendant) was blasting rocks onto land adjacent to property of the Wymans (plaintiffs). The blasting caused rocks to be thrown onto the Wymans’ property. The Wymans sued Leavitt for property damage and for anxiety suffered by Mrs. Wyman, who feared for the safety of herself and her child. No members of the Wyman family were physically injured by the blasting. A jury awarded damages for Mrs. Wyman’s mental suffering. Leavitt appealed.

Rule of Law

Issue

Holding and Reasoning (Virgin, J.)

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