Salmi v. Columbia & N. R. R.

146 P. 819, 75 Or. 200, 1915 Ore. LEXIS 187
CourtOregon Supreme Court
DecidedMarch 9, 1915
StatusPublished
Cited by26 cases

This text of 146 P. 819 (Salmi v. Columbia & N. R. R.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salmi v. Columbia & N. R. R., 146 P. 819, 75 Or. 200, 1915 Ore. LEXIS 187 (Or. 1915).

Opinion

Mr. Justice Burnett

delivered the opinion of the court.

1. Among other things, it is charged that the immediate cause of injury was the sudden fear of the plaintiff for which no action lies. Many authorities are cited to sustain the proposition that for mere fright without an attendant or resulting physical injury a cause of action will not lie, although subsequently physical ailments result. A careful analysis of the plaintiff’s allegations on that point leads to the conclusion that she does not claim damages for the alarm she describes, but only relies upon it as one link in the chain of causation culminating in the actual physical hurt of which she complains. The lighted squib caused no damage to the person upon whom it first fell; but the individual who started its flight set in motion an agency which, operating naturally and hence in a manner reasonably to be anticipated, ultimately produced harm for which he was liable to the person injured. So in this case, if the testimony for the plaintiff is to be credited, the defendant inaugurated [204]*204violent action by blasting which operated at once upon her mentality, producing swoon followed in unbroken and immediate sequence by her fall upon an upturned stool, resulting in the trauma of hernia for which she claims damages. This constitutes the attendant or eventuating physical injury prescribed by most, if not all, the precedents cited by the defendant as a condition of recovering damages where fright is involved.

It is quite the ordinary thing, and a result to be expected, that a woman would be frightened by a loud explosion, especially when attended by débris falling all around her and into the very‘house where she was. The rest follows in normal succession. The instinct of self-preservation, a mental phenomenon, induced B. to throw off the squib which had fallen upon him. The immediate result was the injury charged upon A., who first threw the missile. Likewise in this instance the explosion of the blast naturally produced the mental state of fright, the fright the faint, the faint the fall, the fall the fracture of the abdominal wall, upon which the plaintiff rests her causa of action, all following 'in a close and immediate series. In the illustration of the squib, as well as in the concrete case before us, mental disturbance formed a link in an unbroken chain of causation created by the initial negligent act of the defendant, producing a result for which reason and as we believe the weight of authority holds it responsible.

Human emotions and other mental states naturally have a powerful influence upon human action and are factors which cannot be left out of the account. They must be reckoned as part of the necessary sequence of intermediate causes. It is a basic principle that, if the cause set in motion by the defendant operates continuously and directly upon another agency which as a necessary consequence affects a still different force by [205]*205which injury is inflicted, the author of the initial cause is responsible for the final result. The difficulty lies in the application of this fundamental doctrine. The authorities are apparently in hopeless conflict on this question, but it is believed that proper discrimination will reconcile them in this manner. If, under all the circumstances in the exercise of ordinary care, a person can discern that his act will naturally and probably result in harm of some kind to another, but not necessarily foreseen as to the exact form of injury, the former is liable in damages for the ensuing casualty. On the contrary, if no harmful result can reasonably be expected, or if there is no natural connection between the act of the defendant and the injury alleged, no action will lie.

In this case, considering that a large blast was set off within 150 feet of the plaintiff’s house from the overhanging hillside, the jury was authorized to find that the defendant could have foreseen that some sort of injury was liable to-ffiappen to the inmates of that house, so that it would be liable for such hurt in whatever form it occurred, however extended the concatenation of causes between its initial act and the resulting injury. On this branch of the case, Mr. Chief Justice Winslow, in Bankopf v. Hinkley, 141 Wis. 146 (123 N. W. 625, 24 L. R. A. (N. S.) 1159), tersely says:

“The principle here decided is that when physical injury flows directly from extreme fright or shock, caused by the ordinary negligence of one who owes the duty of care to the injured person, such fright or shock is a link in the chain of proximate causation as efficient as physical impact from which like results flow.”

[206]*206The following .citations justify the conclusion here set down: Gulf, C. etc. Co. v. Hayter, 93 Tex. 239 (54 S. W. 944, 77 Am. St. Rep. 856, 47 L. R. A. 325); Kimberly v. Howland, 143 N. C. 398 (55 S. E. 778, 7 L. R. A. (N. S.) 545); Pankopf v. Hinkley, 141 Wis. 146 (123 N. W. 625, 24 L. R. A. (N. S.) 1159); Chesapeake & Ohio Ry. Co. v. Robinett, 151 Ky. 778 (152 S. W. 976, 45 L. R. A. (N. S.) 433); Hendrix v. Texas Pac. Ry., 40 Tex. Civ. App. 291 (89 S. W. 461); Simone v. Rhode Island Co., 28 R. I. 186 (66 Atl. 202, 9 L. R. A. (N. S.) 740); Armour & Co. v. Kollmeyer, 161 Fed. 78 (88 C. C. A. 242, 16 L. R. A. (N. S.) 1110); St. Louis S. W. Ry. v. Murdock, 54 Tex. Civ. App. 249 (116 S. W. 139) Arthur v. Henry, 157 N. C. 438 (73 S. E. 211) Spearman v. McCrary, 4 Ala. App. 473 (58 South. 927). A valuable note on the subject appears in 3 L. R. A. (N. S.) 49, appended to Huston v. Freemansburg, originally reported in 212 Pa. 548 (61 Atl. 1022), although the case itself indicates an opinion opposed to that here expressed.

It has been decided in some instances that if one, in the commission of an unlawful act, excites in the mind of another a reasonable apprehension of personal danger, and in the endeavor of the latter to escape his own act is the immediate cause of his death, the former is criminally responsible as for homicide: Cox v. People, 80 N. Y. 500; Adams v. People, 109 Ill. 444 (50 Am. Rep. 617); Norman v. United. States, 20 App. D. C. 494; State v. Shelledy, 8 Iowa, 477. Such cases clearly recognize the induced fright as one of the train of causes set in operation by the defendant and culminating in the homicidal crime. The analogy holds good in civil cases where the wrong complained of is inaugurated by a negligent act of the defendant and continues naturally through various concomitant and [207]*207succeeding causes, including fright of the plaintiff, to the injury in question. If criminal liabilty can be imputed in one case, civil accountability certainly attaches in the other.

2. The defendant contends that the trial court erred in its instruction to the jury, excepted to by the defendant, in assuming, in spite of the general issue, that the plaintiff had received an actual injury. In stating the case to the jury on the first cause of action the court said:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gates v. Richardson
719 P.2d 193 (Wyoming Supreme Court, 1986)
Mayor v. Dowsett
400 P.2d 234 (Oregon Supreme Court, 1965)
Dewey v. A. F. Klaveness & Co.
379 P.2d 560 (Oregon Supreme Court, 1963)
Amaya v. Home Ice, Fuel & Supply Co.
379 P.2d 513 (California Supreme Court, 1963)
Rogers v. Hexol, Inc.
218 F. Supp. 453 (D. Oregon, 1962)
Danner v. ARNSBERG
362 P.2d 758 (Oregon Supreme Court, 1961)
Williams v. CHASTAIN
350 P.2d 430 (Oregon Supreme Court, 1960)
Bedell Et Ux. v. Goulter
261 P.2d 842 (Oregon Supreme Court, 1953)
Shelton v. LOWELL
249 P.2d 958 (Oregon Supreme Court, 1952)
Clark v. United States
109 F. Supp. 213 (D. Oregon, 1952)
Varley v. Motyl
90 A.2d 869 (Supreme Court of Connecticut, 1952)
Ure v. United States
93 F. Supp. 779 (D. Oregon, 1950)
Emden v. Vitz
198 P.2d 696 (California Court of Appeal, 1948)
Kilkenny, Administrator v. Beebe
199 P.2d 916 (Oregon Supreme Court, 1948)
Fehely v. Senders
135 P.2d 283 (Oregon Supreme Court, 1943)
Union Oil Co. v. Hunt
111 F.2d 269 (Ninth Circuit, 1940)
Waube v. Warrington
258 N.W. 497 (Wisconsin Supreme Court, 1935)
Lambert v. Brewster
125 S.E. 244 (West Virginia Supreme Court, 1924)
Miami Quarry Co. v. Seaborg Packing Co.
204 P. 492 (Oregon Supreme Court, 1922)
Hines v. Sweeney
201 P. 165 (Wyoming Supreme Court, 1921)

Cite This Page — Counsel Stack

Bluebook (online)
146 P. 819, 75 Or. 200, 1915 Ore. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salmi-v-columbia-n-r-r-or-1915.