Wagner v. International Ry.
New York Court of Appeals
133 N.E. 437 (N.Y. 1921)
Relevant factsFree
Wagner and his cousin Herbert stood on the platform of a train whose doors the conductor left open; when the train rounded a corner, Herbert was thrown off near a bridge. Wagner got off after the train stopped and, allegedly invited by the conductor who followed with a torch, walked onto the bridge to find Herbert, fell off, and was injured. He sued the railroad for his own injuries sustained during the rescue attempt.
IssueFree
Whether a defendant who negligently imperils and causes injury to a person is also liable for injuries suffered by a third party attempting to rescue that person.