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D had a right-of-way leased from P. It intersected a private lane leading to P's house. P was driving an automobile up the lane toward her home when the vehicle stalled at the railroad grade crossing. A rut about a foot deep had been negligently permitted by D to form at the crossing. P's rear wheels lodged in the rut and P was unable to get out. P saw D's train bearing down upon her. With only seconds to spare, she jumped from the stalled vehicle and fled for her life. Immediately thereafter, the locomotive collided with the vehicle hurled it into the air and demolished it. P was standing within a few feet of the track when the collision occurred, and her face was covered with train soot and dirt. There was no bodily impact; and she suffered no contemporaneous physical injury. P was scared stiff and emotionally disturbed by the accident. The fright and nervous shock resulted in physical injuries including cessation of lactation which interfered with P's ability to nurse and otherwise care for her infant child. Her nervous and general physical condition resulting from the accident also obliged the plaintiff to abandon a horse breeding business and an article which she had been engaged to write for substantial compensation. D moved for summary judgment alleging the impact rule. The trial judge agreed and granted summary judgment. P appealed.

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