Brief Fact Summary. As International Ry. Co.’s (Defendant’s) train turned a curve, a violent lurch threw Plaintiff’s cousin out of the car. Wagner (Plaintiff) got out and walked 445 feet until he arrived at the bridge where he thought he would find his cousin’s body. Plaintiff lost his footing in the dark, fell from the structure, and was injured.
Synopsis of Rule of Law. A tortfeasor is liable to all those who are injured in a reasonable rescue attempt. A tortfeasor will not be held liable for injuries suffered by a rescuer if the rescue efforts were unreasonable.
It recognizes them as normal.
View Full Point of LawIssue. Is rescue a foreseeable act?
Held. Yes. Judgment reversed.
* Danger invites rescue.
* The fact that Plaintiff walked more than 445 feet in going to his cousin’s aid is of no consequence. Continuity in such circumstances is not broken by the exercise of volition.
* Whether Plaintiff’s cousin’s fall was due to Defendant’s negligence, and whether Plaintiff’s attempted rescue, was foolhardy or reasonable in the light of the emergency, were both questions for the jury.
Discussion. A tortfeasor is liable to all those who are injured in a reasonable rescue attempt. A tortfeasor will not be held liable for injuries suffered by a rescuer if the rescue efforts were unreasonable.