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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.

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