Wyman v. Leavitt
Maine Supreme Judicial Court
71 Me. 227 (1880)
Relevant factsFree
Leavitt (defendant) was blasting rocks near the Wymans' (plaintiffs) property, and the blasting threw rocks onto their land. No member of the Wyman family suffered physical injury, but Mrs. Wyman feared for her own and her child's safety, and a jury awarded her damages for that mental suffering in addition to property damage. Leavitt appealed the mental-suffering award.
IssueFree
Whether one may be held liable for damages in a negligence action where the victim's harm is constituted solely by mental suffering.