On 11 October 1938, Mr Young had been negligently riding a motorcycle along a road, and was involved in a collision with a car, fatally injuring him.

"[1] Following the removal of Mr Young's body from the road, she approached the scene of the accident, seeing the blood remaining from the crash.

Mrs Bourhill, at the time eight months pregnant, later gave birth to a stillborn child, and claimed she had suffered nervous shock, stress, and sustained loss due to Mr Young.

[2] In order to succeed in her claim, Mrs Bourhill had to establish a duty of care had been owed to her by Mr Young.

Lord Russell stated: Can it be said that John Young could reasonably have anticipated that a person, situated as was the appellant, would be affected by his proceeding towards Colinton at the speed at which he was travelling?