Facts
- A pregnant lady (Bourhill), upon disembarking from a tram, went to collect her luggage from the luggage storage area
- At the luggage storage area, she heard a motorcyclist crash (50ft away); the motorcyclist was killed by the crash. She later saw blood on the road
- The pregnant lady suffered nervous shock and later gave birth to a stillborn child
Issue
- Could the claimant recover from the estate of the motorcyclist
Decision
- No recovery
Reasoning
- There was no foreseeable harm or relationship between the motorcyclist and Bourhill, nor was their a close relationship
Citation
[1943] AC 92
