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Monday, February 3, 2014

Wilkinson

nton2 Q. B. QUEENS BENCH DIVISION. .57 WILKINSON v. DOWNTON. ActionCause ofNervous Shock interoperable Joke causingBemoteness of Damage. The defendant, by way of a realistic joke, falsely repre displaceed to the plaintiff, a married woman, that her husband had met with a respectable accident whereby both his legs were broken. The defendant made the mastery with intent that it should be believed to be true. The plaintiff believed it to be true, and in mo suffered a violent nervous shock which rendered her queasy: Held, that these facts perfect(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 evening of the alike day the defendant came to the plaintiffs house and repre sented to her that her husband, charm 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 . 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 confidence of the defendants statement incurred a small expense for railway fares of persons whom she sent to Leytonstone to consider 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 injury caused to the plaintiff -by nervous shock was concerned the action could non be supported. Warburton, and A. N....If you! want to get a full essay, hallow it on our website: OrderCustomPaper.com

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