Mitchell (P) was standing and waiting for a horse-drawn car from Rochester Railway (D). As the team of horses drew nearer and came to a stop, P found herself standing between the two horses heads. This fright and excitement of the event caused P to faint thus resulting in a miscarriage. Medical testimony was given that the mental shock upon P was enough to produce the result of a miscarriage. The verdict went to P and D appealed.

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