The plaintiff signalman saw that there was something wrong one of the carriages of a train approaching at full speed so that the train was in danger. He leant from the window of his signal-box and waved a red flag so that the driver might stop the train. The train was stopped and there was no accident to it or to any of its passengers. But the excitement and fright produced a nervous shock in the signalman which incapacitated him from his employment with the railway company.
Held: He had been incapacitated by accident within the meaning of the company’s insurance policy. Lord Esher MR said that the fright which he underwent was the accident.
Judges:
Lord Esher MR
Citations:
[1896] 2 QB 248
Jurisdiction:
England and Wales
Cited by:
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 08 May 2022; Ref: scu.566201