BALTIMORE & O. R. CO. v. McBRIDE

No. 5252.

36 F.2d 841 (1930)

BALTIMORE & O. R. CO. v. McBRIDE.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1930.


Attorney(s) appearing for the Case

U. C. De Ford, of Youngstown, Ohio (Harrington, De Ford, Huxley & Smith, of Youngstown, Ohio, on the brief), for appellant.

John Ruffalo, of Youngstown, Ohio, for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKENLOOPER, Circuit Judge.

The question presented has a dual aspect, that of the admissibility of evidence of incidental fright when such fright was not specifically pleaded other than as nervous shock arising from physical injury; and that of proximate cause or whether recovery may be had for injury to the nervous system from fright occurring subsequent to the actual negligence of defendant and arising from the situation in which the plaintiff found himself immediately...

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