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Victorian Railways Commissioner v Coultas [1888]

Facts

  •  A cart crossed a railway line in front of a train, as per the direction of a railway authority employee
  • Although no incident occurred, the claimants suffered mental injury

Issue

  •  Could recovery be permitted for claims where there was no actual physical injury

Decision

  •  No recovery, Coultas’ claim failed

Reasoning

  •  Without physical injury, a mental injury claim cannot be made

Citation

 

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