The pursuer was walking arm in arm with her fiance when he was hit by a vehicle driven by the defender.
Held: She recovered damages for nervous shock involving apprehension for her own safety and the safety of her fiance, though he was hit and she was not. Miss Currie was not only at the scene, but suffered nervous shock through anxiety for her own safety. It would have been a hopeless task to attempt to work out what proportion of her nervous shock flowed from anxiety for herself, and what for her fiance.
Judges:
Lord Justice Clerk (Lord Alness) and Lord Ormidale
Citations:
1927 SC 538
Cited by:
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police QBD 31-Jul-1990
Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for . .
Lists of cited by and citing cases may be incomplete.
Scotland, Damages
Updated: 11 May 2022; Ref: scu.464384