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
-- Download Chester v Waverley Municipal Council (1939) 62 CLR 1 as PDF --

