MITCHELL V. ROCHESTER RAILWAY
45 N.E. 354 (1896)
NATURE OF THE CASE: Mitchell (P) brought a negligence action against Rochester (D) for
injuries sustained when P was frightened by D's approaching horses. D appealed an order of
the General Term, which affirmed an order made on the minutes of the trial judge setting
aside a nonsuit and granting a new trial.
FACTS: Mitchell (P) was standing and waiting for a horse drawn car from Rochester Railway
(D). As the team of horses drew nearer and came to a stop, P found herself standing between
the two horses heads. This fright and excitement of the event caused P to faint thus
resulting in a miscarriage. Medical testimony was given that the mental shock upon P was
enough to produce the result of a miscarriage. The verdict went to P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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