Chester v Waverley Municipal Council (1939) 62 CLR 1

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Facts

  • The council dug a trench which Chester’s son fell into and died.
  • Chester searched for hours for her son and upon seeing the body, Chester suffered severe nervous shock.

Issue

  • Could the council be held responsible in negligence for the nervous shock suffered?

Held

  • No, because the council owed a duty of care to the child but not to the mother; the risk was too remote

Full Text

The full text is available here:  https://jade.io/summary/mnc/1939/HCA/25


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