Yania v. Bigan

Bigan (defendant) mined coal on his land, creating deep water-filled cuts. Yania, a fellow coal operator, visited to discuss business and, at Bigan's request, was helping start a water pump near one cut. From a distance, Bigan allegedly taunted and enticed Yania to jump into the water at the bottom of the cut; Yania did so and drowned. Yania's widow (plaintiff) sued Bigan for wrongful death, claiming he should have tried to rescue Yania after he jumped in. The trial court dismissed the suit.

Whether a defendant is liable for failing to rescue a person in peril when the defendant is not legally responsible for placing that person in peril.