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FALZONE v. BUSCH

45 N.J. 559 (1965)

214 A.2d 12

CHARLES FALZONE AND MABEL FALZONE, PLAINTIFFS-APPELLANTS, v. LEONARD R. BUSCH, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 25, 1965.

Attorney(s) appearing for the Case

Mr. Herbert C. Kaplan argued the cause for the plaintiffs-appellants (Messrs. Kaplan, Feingold & Kaplan, attorneys; Mr. Herbert C. Kaplan on the brief).

Mr. John A. Lynch, Jr. argued the cause for the defendant-respondent (Messrs. Lynch, Murphy, Mannion & Lynch, attorneys; Mr. John A. Lynch, Jr., on the brief).

The opinion of the court was delivered by PROCTOR, J.

The question before us on this appeal is whether the plaintiff may recover for bodily injury or sickness resulting from fear for her safety caused by a negligent defendant, where the plaintiff was placed in danger by such negligence, although there was no physical impact.

The complaint alleges in the first count that the plaintiff, Charles Falzone, was standing in a field adjacent to the roadway when he...

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