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eBook details

• Title: Dillon V. Legg
• Author : Supreme Court Of California In Bank
• Release Date : January 21, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

TOBRINER, J. That the courts should allow recovery to a mother who suffers emotional trauma and physical injury from witnessing the infliction of death or injury to her child for which the tort-feasor is liable in negligence would appear to be a compelling proposition. As Prosser points out, "All ordinary human feelings are in favor of her [the mother's] action against the negligent defendant. If a duty to her requires that she herself be in some recognizable danger, then it has properly been said that when a child is endangered, it is not beyond contemplation that its mother will be somewhere in the vicinity, and will suffer serious shock." (Prosser, Law of Torts (3d ed. 1964) p. 353.)

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