WILKINSON V. DOWNTON
(1897) 2 Q.B. 57
NATURE OF THE CASE: This is an appeal from a judgment awarding damages for injuries
caused by nervous shock.
FACTS: D played a practical joke on P, telling her that her husband was lying in a ditch
with broken bones after a car accident. D told P that she was to take a cab over there with
two pillows to fetch him home. All of this was false. The effect of D's statement was a
violent shock to her nervous system, resulting in weeks of suffering and incapacity. P sued
D for damages resulting from her injuries. The jury assessed the expense of the railway
fares at 1s. 10 1/2 d., and the damages for the injury caused by the nervous shock at 100l.
D appealed, claiming that since the damage was caused by nervous shock, P has no action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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