Wymann v. Leavitt
71 Me. 227 (1880)
Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
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.
Issues
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Legal Analysis
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