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Torts Keyed to Epstein
Mitchell v. Rochester Ry.
Citation:
45 N.E. 354 (N.Y. 1896)Facts
On April 1, 1891, the plaintiff was standing on a crosswalk on Main Street in Rochester, NY, waiting to board one of the defendant’s streetcars. Just as she was about to step up onto the streetcar, a horse car of the defendant came down the street. The horse car came so close to the plaintiff that she was standing between the two horses heads once it stopped. She was not physically injured, but she claimed that she fainted from fright and excitement caused by the proximity of the horse car to hitting her. She later miscarried and suffered from illness, claiming they were the results of the near accident. Medical testimony was given to show that this was a possible result of the mental shock she suffered. The court assumes the defendant’s negligence and the plaintiff’s lack of contributory negligence.
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Topic Resources
Topic Outline
NegligenceTopic Refresher Course
Negligence Forseeable-Proximate Cause