Buchanan v. W. Jersey E. Co.
| Decision Date | 20 February 1890 |
| Citation | 19 A. 254,52 N.J.L. 265 |
| Parties | BUCHANAN v. WEST JERSEY E. CO. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
On motion for new trial. Trial in circuit court, Camden county; before Justice GARRISON.
The plaintiff, who is a woman, was lawfully on the railroad platform of the defendant. A piece of timber projected from one of the cars of a train so as to sweep over such platform, and the plaintiff, in order to avoid being struck by the projecting timber, was obliged to throw herself on the platform. She did so, and the timber passed over without touching her. By reason of the shock to her nervous system occasioned by this peril, her health was seriously impaired. The verdict was in her favor. Motion for a new trial.
J. W. Westcott, for plaintiff. Peter L. Voorhees, for defendant.
BEASLEY, C. J., (after stating the facts as above.) This rule should be discharged. The suit was not on the single ground that the plaintiff had been frightened. There was a basis for the action in the carelessness of the company, which compelled the plaintiff to throw herself upon the platform; as such carelessness, leading to that result, was per se actionable. The fright was an incident to such cause of action, and a mere aggravation of the tort. It is not necessary in this case to decide whether mere fright, caused by a wrongful accident which results in physical injury,—as, for example, sickness,—is or is not actionable. Let the rule be discharged.
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