Hess v. American Pipe Manufacturing Co.

Supreme Court of Pennsylvania
Hess v. American Pipe Manufacturing Co., 221 Pa. 67 (Pa. 1908)
70 A. 294; 1908 Pa. LEXIS 437
Brown, Elkin, Mestkezat, Mitchell, Stewart

Hess v. American Pipe Manufacturing Co.

Opinion of the Court

Per Curiam,

It is settled that mere fright unaccompanied by physical in- ■ jury is not sufficient to sustain an action for negligence: Huston v. Freemansburg Boro., 212 Pa. 548; Ewing v. Ry. Co., 147 Pa. 40 ; Linn v. Duquesne Borough, 204 Pa. 551. The jury in the present case was explicitly instructed to this effect and there is no complaint of the charge in that respect.

While it may be a little doubtful even on the plaintiff’s own testimony, whether she really received any direct physical injuries from the blast, apart from the fright, yet she testified positively that she was thrown on a chair by the force of the concussion, and this testimony gets some support from the fact that several window panes were broken and some particles of the glass struck her in the face. It was claimed bj^ defendant that her previous testimony was not in accord with this, but the question of credibility was for the jury.

Judgment affirmed.

Reference

Full Case Name
Hess v. American Pipe Manufacturing Company
Cited By
5 cases
Status
Published
Syllabus
Negligence — Explosion—Fright—Physical injuries — Evidence—Case for jury. Mere fright unaccompanied by physical injuries is not sufficient to sustain an action of negligence; but where a woman injured by an explosion testifies that in addition to the fright she was thrown on a chair by the force of the concussion and injured in the face by particles of glass from shattered windows, her case is for the jury, and a verdict and judgment in her favor will be sustained.