207 Mass. 102 | Mass. | 1910
In the second of these two cases, which were tried together, the wife sues for compensation for injuries received through the negligent blasting of a ledge by the defendant, and in the first the husband sues to recover expenses incurred by him in the medical treatment and care of his wife on account of such injuries. In each case the jury found for the plaintiff; and both cases are before us upon the defendant’s exceptions to the refusal of the presiding judge
It is strongly urged by the defendant that there was'no evidence of negligence in the method of blasting. But we think that the question whether the charge was covered or otherwise
It is next urged by the defendant that there was no evidence of physical injury, but that on the contrary the illness of the plaintiff was due solely to fright. If that is so, then there can be no recovery. The law upon this subject is well settled in this State. “ We remain satisfied with the rule that there can be no recovery for fright, terror, alarm, anxiety, or distress of mind, if these are unaccompanied by some physical injury; and if this rule is to stand, we think it should also be held that there can be no recovery for such physical injuries as may be caused solely by such mental disturbance, where there is no injury to the person from without. ” Allen, J., in Spade v. Lynn & Boston Railroad, 168 Mass. 285, 290. As said by Holmes, C. J., in Homans v. Boston Elevated Railway, 180 Mass. 456,457, the exemption from damages of this kind “ is an arbitrary exception, based upon a notion of what is practicable. ” Where, however, the fright or mental disturbance is accompanied as a result of the same accident by physical injury “ from without,” then in the damages to be assessed there should be included not only those directly due to the injury from without but also those attributable to the mental shock or disturbance. And it is not necessary that the physical injury from without should be indicated upon the surface of the body by a bruise or otherwise. Berard v. Boston & Albany Railroad, 177 Mass. 179. Steverman v. Boston Elevated Railway, 205 Mass. 508, and cases cited. An internal injury caused by a blow from without is none the less an injury from the fact that it is wholly internal, or indeed from the fact that its true nature cannot be accurately diagnosed except by a post mortem examination.
As to the injury from without, the plaintiff testified as follows : “ I had been to the pantry to get a light lunch for the children, had left there and had gone to the closet. I was just coming from there when it seemed that I was . . . [thrown] . . . over on the floor. The closet door hit me, but I don’t think it
The plaintiff’s son testified that at the time of the blast he was in the kitchen; that he heard the noise, but “ didn’t stop to see if the pantry door was open ”; he “ heard lots of dishes break,” and found his “ mother on the floor just a couple of seconds or so after the blast,” and helped her up. The plaintiff’s husband testified that he heard the explosion, went into the house and found his wife “ all broken up and shaking.” She was on her feet. Dr. Shatswell testified that he had attended the plaintiff at various times, and continued as follows: “ Prior to the accident she was a remarkably well woman. . My attention was called to her the next day [after the accident], namely? March 8th. Her condition was one of nervous shock. She was crying and wringing her hands. She was nervous and excitable. . . . She complained of headaches and backaches. ... I called the trouble neurasthenia. It is what the ordinary layman would call a nervous breakdown from the shock.” On cross-examinatian he said: “ I treated her simply for nervousness. There was no mark of physical violence on her person. . . . She didn’t complain of anything of the kind. When I said that the explosion was an adequate cause for this injury, I meant that the fright she sustained at the time was an adequate cause for the injury, and the nervous shock was due to fright, and so the nervous shock is the cause that I attribute to the condition, and the only cause.”
Upon this evidence the defendant might reasonably have en
In the charge to the jury it was stated in substance that it would be sufficient if the injury caused by the battery was very slight. To this the defendant excepted and now urges in support of the exception that the effect of such a rule is substantially to abrogate the general rule that where the injury is due solely to shock there can be no recovery. But it is to be borne in mind that this general rule is, as stated above, an exception, founded upon notions of practicability, to the more general rule of damages for which a negligent defendant is answerable. It is to be applied only where there is no injury from without. And we are of opinion that the more general rule applies where the injury from without is appreciable even although it be very slight. The criticism on this part of the charge is untenable.
As to the remaining rulings requested by the defendant, it is sufficient to say that so far as in accordance with the law they were in substance covered by the charge. Indeed the charge was apt, full and correct in law; its well chosen language was well calculated to help the jury to a clear understanding of the issues involved, and of the law. We see no error in the action of the court.
The case must be placed in the class of which Berard v. Boston & Albany Railroad, 177 Mass. 179, is a type.
As to the first case, the defendant, in addition to the reasons given in the second case why a verdict should have been ordered for the defendant, urges one further consideration specially applicable to this case. It is argued by him that there is nothing to show that the plaintiff suffered any personal injury whatever, or that he was put to any expense for the care and nursing of his wife. But this position is untenable. It appears that a physician attended professionally the plaintiff’s wife for more than a year; and no authorities need be cited to show that in the absence of anything to the contrary the presumption is that the physician is entitled to reasonable compensation, and that the plaintiff is answerable to him for it. And there is nothing in this case which necessarily overcomes this presumption. This case was also properly submitted to the jury.
This opinion has been written upon the theory propounded by the plaintiff and adopted by the court and defendant at the trial as the true theory, namely, that the gist of the plaintiff’s action was negligence on the part of the defendant. Whether the action could have been maintained without showing such negligence we have not considered.
In each case the entry must be
Exceptions overruled.
There was evidence that the distance from the ledge that was being blasted to the plaintiff's house was seven hundred and fifty feet, that there was no covering on the ledge at the time of the blast, that the blast was “ a great explosion which shook the barn,” and that the rock which was hurled into the plaintiff’s house weighed twenty pounds.
This was a ruling that on all the evidence the action could not be maintained.