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Keywords

plaintiffdefendantdamagesnegligencesustained

plaintiffdefendantnegligence

Related Cases

Tuttle v. Atlantic City R. Co., 66 N.J.L. 327, 37 Vroom 327, 49 A. 450, 54 L.R.A. 582, 88 Am.St.Rep. 491

Facts

The Atlantic City Railroad Company maintained a freight yard in Camden, where a car was derailed during a flying drill on September 25, 1899. The derailed car sped across Mechanic Street, alarming Mrs. Tuttle, who was standing on the sidewalk nearby. In a panic, she attempted to run away from the approaching car but fell and injured her knee. The defendant argued that she was in a safe location and acted negligently by leaving it, but the court found that her fear and the unusual circumstances justified her actions.

At the time of the accident, Mrs. Tuttle, one of the plaintiffs, was on the sidewalk near the Brennan house, and, looking, she saw the car coming across the street at full speed. Becoming frightened at the noise, she started to run, and, when three or four doors below, fell, and injured her left knee.

Issue

Was Mrs. Tuttle justified in her actions to escape from the approaching car, and can she recover damages for her injuries sustained during that attempt?

The real question in issue in the case and to be determined by the jury was whether the plaintiff Mrs. Tuttle, seeing the car approaching at great speed across this street, was justified in running to escape from what she supposed was an imminent danger.

Rule

If a defendant, by negligence, puts the plaintiff under a reasonable apprehension of personal physical injury, and the plaintiff, in a reasonable effort to escape, sustains physical injury, a right of action arises to recover for the physical injury and the mental disorder naturally incident to its occurrence.

The true rule governing cases of this character may be stated as follows: That if a defendant, by negligence, puts the plaintiff under a reasonable apprehension of personal physical injury, and plaintiff, in a reasonable effort to escape, sustains physical injury, a right of action arises to recover for the physical injury and the mental disorder naturally incident to its occurrence.

Analysis

The court analyzed the situation by considering whether Mrs. Tuttle's fear was reasonable given the circumstances. The derailed car was not on any track and was approaching at high speed, creating an imminent danger. The court concluded that her decision to run was a natural response to the fear of being injured, and thus her actions were justified. The court also noted that the definition of a 'safe place' is not absolute and can depend on the context of the situation.

Conclusion

The court affirmed the judgment in favor of the plaintiffs, stating that Mrs. Tuttle was entitled to recover damages for her injuries as her actions were a reasonable response to the danger posed by the defendant's negligence.

The case below was properly submitted to the jury, and the judgment below should be affirmed.

Who won?

The plaintiffs, Samuel B. Tuttle and his wife, prevailed in the case because the court found that Mrs. Tuttle's actions were justified in light of the imminent danger posed by the derailed car.

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