Point of law raised by pleadings.[[50]]
The statement of claim was as follows:—
“1. The plaintiff is the wife of Arthur David Dulieu, who carries on the business of a licensed victualler at the Bonner Arms, Bonner Street, Bethnal Green, in the county of London.
“2. On July 20, 1900, the plaintiff was behind the bar of her husband’s said public-house, she being then pregnant, when the defendants by their servant so negligently drove a pair-horse van as to drive it into the said public-house.
“3. The defendants were also negligent in entrusting the driving of the said horses and van to their said servant, who had no knowledge or skill in driving.
“4. The plaintiff in consequence sustained a severe shock, and was and is seriously ill, and on September 29, 1900, gave premature birth to a child.
“5. In consequence of the shock sustained by the plaintiff the said child was born an idiot.
“The plaintiff claims damages in respect of the aforesaid matters.”
The statement of defence, after denying the allegations contained in the statement of claim proceeded:—
“3. The defendants submit as a matter of law that the damages sought to be recovered herein are too remote, and that the statement of claim on the face thereof discloses no cause of action.”