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Bourhill v Young [1943]

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

 

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