· 5/28/1965
Robb v. Pennsylvania Railroad Company
Citations
- 210 A.2d 709
- 58 Del. 454
- 8 Storey 454
- 1965 Del. LEXIS 210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that although a claim for NIED does not require a physical impact, it nevertheless requires the plaintiff to demonstrate that the emotional distress “produced physical consequences”
- limiting the tort to include only that which satisfy traditional negligence’s requirements of foreseeability and proximate cause
- allowing a claim for NIED where the negligent operation of a train caused the destruction of the plaintiff’s car, causing severe fright and emotional distress, because she was in the zone of danger
- \the early difficulty in tracing a resulting injury back through fright or nervous shock has been minimized by the advance of medical science\
- “the early difficulty in tracing a resulting injury back through fright or nervous shock has been minimized by the advance of medical science”
- “It is the duty of the courts to afford a remedy and redress for every substantial wrong”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wolcott, Carey, Herrmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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