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Waube v. Warrington

Wisconsin Supreme Court

258 N.W. 497 (1935)

Relevant factsFree

Mrs. Waube watched from her window as Warrington's (defendant) car struck and killed her child crossing the highway, and the resulting shock caused injuries leading to her own death; her husband, as administrator of her estate (plaintiff), sued Warrington and related defendants, and the trial court overruled the defendants' demurrer, allowing the claim to proceed. The defendants appealed.

IssueFree

Whether there can be recovery for physical injuries sustained by a plaintiff as a result of shock from witnessing another's danger, when the plaintiff herself was outside the zone of danger or range of ordinary physical peril.

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