Defendant's sole point against liability is that there was no evidence of physical injury and that the verdict may not be sustained for fright alone. Nearly half century ago the Court of Appeals held that a plaintiff could not recover for injuries occasioned by fright alone where there was no immediate personal contact (Mitchell v. Rochester Ry. Co., 151 N.Y. 107). Although the rule thus laid down has been heavily criticised we do not find that it has been expressly...
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