Bosley v. Andrews

142 A.2d 263 (1958)

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Nature of the Case

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Facts

D's cattle strayed on Ps' farm and injured crops. The jury gave Ps a verdict of $179.99 for those damages. While in the process of driving the cattle off Ps' property, a bull charged Mrs. Mary Bosley. The bull stopped short around 25 feet from Mary. Mary had started to run but could not and choked and collapsed; she had an attack of coronary insufficiency - shortness of breath, pain in her chest and an insufficiency of blood flowing into the artery into the heart. The bull had been harassed by a dog and got no closer. Mrs. Bosley's two doctors, Dr. Gilbert A. Diehl, and Dr. A. C. Ernstene, a heart specialist, agreed that prior to this episode with the bull, Mrs. Bosley had had arteriosclerosis and cardiac insufficiency, and 'the episode with the bull did not cause the coronary arteriosclerosis, but it does constitute the trigger mechanism that brought the symptoms into clinical prominence.' P had sought damages for Mary’s heart condition. The court refused those damages. P appealed.