WYMANN V. LEAVITT 71 Me. 227 (1880) CASE BRIEF

WYMANN V. LEAVITT

71 Me. 227 (1880)

NATURE OF THE CASE: Leavitt (D) appealed an order, which awarded damages to Wymann (P), a husband and a wife, for mental anxiety that resulted from rocks being thrown onto P's lands and buildings.

FACTS: D was conducting blasting operations for a nearby railroad which resulted in rocks being thrown onto P's land and buildings. P sued D in trespass and Mrs. Wymann (P) testified to her anxiety and safety for her family and herself. She stated that, 'I felt afraid the rocks would hit him' . . . 'I was afraid.' 'I was in fear from the time the second Jordan began to blow those heavy blasts, until they got through.' D objected to this testimony. The jury gave the verdict to P for $264. There was no evidence in the cases of any injury to the persons of either party or to their child; or of any wanton conduct on the part of the D or of his servants. D appealed the judgment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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