Wagner v. International Ry.
New York Court of Appeals
133 N.E. 437 (N.Y. 1921)
A defendant who negligently causes harm to a person may be liable for injuries suffered by a third party in attempting to rescue that person, provided the rescue attempt was reasonable under the circumstances.
Relevant Facts
Wagner and his cousin Herbert were standing on the platform of a train operated by International Railway. The train's doors were not closed by the conductor, and as the train rounded a corner and approached a bridge, Herbert was thrown out. After the train stopped, Wagner got off and walked across the bridge to find his cousin. He alleges the conductor invited him to do so and followed him with a torch. While on the bridge, Wagner fell off and was injured. He sued the railroad, claiming its negligence in causing his cousin's fall also led to his own injuries in the attempted rescue.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
133 N.E. 437 (N.Y. 1921)