[Download] "Ver Hagen and Wife and Another v. Gibbons" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free

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eBook details

• Title: Ver Hagen and Wife and Another v. Gibbons
• Author : Supreme Court of Wisconsin
• Release Date : January 02, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This is an appeal from the order of the circuit court overruling a demurrer to the complaint for failure to state facts sufficient
to constitute a cause of action. In pertinent part the complaint alleged: "8. That the defendant, Harley Gibbons, so negligently constructed the fireplace and dwelling located at 2090 Wedgewood Drive
East, that when the plaintiff Jan K. Ver Hagen built a fire in the fireplace on the second level of said premises on December
30, 1967, said fire proximately caused the dwelling and personal property of the plaintiffs Ver Hagen to be consumed by fire;
that said plaintiffs Ver Hagen were in the said dwelling at the time of the commencement of said fire and were forced to flee
the said dwelling on account of the excessive heat, smoke and flames in order that they would avoid great physical injury
or death; that as a proximate result of the fire, the said plaintiff Jan K. Ver Hagen suffered shock, mental anguish and great
anxiety for his well-being at the time of said fire and thereafter and will continue to suffer mental anguish, great anxiety
and emotional distress, all to his damage in the amount of Five Thousand ($5,000.00) Dollars." (Emphasis supplied.) The sole
issue before this court is whether one can recover for mental anguish and emotional distress which is the result of another's
negligence and which is not manifested by, or causative of, any physical injury.

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