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Thursday, September 12, 2013

Wilkinson

nton2 Q. B. QUEENS BENCH DIVISION. .57 WILKINSON v. DOWNTON. ActionCause ofNervous Shock unimaginative Joke causingBemoteness of Damage. The defendant, by way of a practical joke, falsely represended to the plaintiff, a married woman, that her husband had met with a serious accident whereby some(prenominal) his legs were broken. The defendant made the mastery with piece that it should be believed to be true. The plaintiff believed it to be true, and in sanction suffered a violent nervous shock which rendered her misadventure: Held, that these facts complete(a) a good cause of action. Victorian Railways Commissioners v. Coultas, (1888) 13 App. Cas. 222, and Allsop v. Allsop, (1860) 5 H. & N. 534, considered. FURTHER CONSIDERATION 1897 MayS. ~ before Wright J. after trial with a jury. On April 9, 1896, Thomas Wilkinson, the husband of the plaintiff, went to a race-meeting, and on the eve of the alike day the defendant came to the plaintiffs ho use and represented to her that her husband, go reverting in a wagonette with some friends from the races, had met with an accident and had both his legs broken, that he was lying at The Elms publichouse at Leytonstone, and had desired the defendant to supplicate .
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the plaintiff to go at once with a hacker and some pillows to fetch him home. These statements were false. They were meant by the defendant to be believed to be true, and the plaintiff so believed them, with the result that she became seriously ill from a shock to her nervous system. She also on the cartel of the defendants statement incurred a small expense for railway fares of persons whom she sent to Leytonstone to consid er after her husband. The jury assessed the ! expense of the railway fares at Is. IOJCZ., and the amends for the injury caused by the nervous shock at 100Z. It was contended on behalf of the defendant that so far as the damage caused to the plaintiff -by nervous shock was concerned the action could not be supported. Warburton, and A. N....If you want to get a full essay, install it on our website: OrderEssay.net

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