Wymann v. Leavitt

71 Me. 227 (1880)

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Nature of the Case

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Facts

D was conducting blasting operations for a nearby railroad which resulted in rocks being thrown onto P's land and buildings. P sued D in trespass, and Mrs. Wymann (P) testified to her anxiety and safety for her family and herself. She stated that 'I felt afraid the rocks would hit him' . . . 'I was afraid.' 'I was in fear from the time the second Jordan began to blow those heavy blasts until they got through.' D objected to this testimony. The jury gave the verdict to P for $264. There was no evidence in the cases of any injury to the persons of either party or their child; or of any wanton conduct on the part of the D or of his servants. D appealed the judgment.