I think the court ultimately reached the right outcome here, though a persuasive case could be made that inducing someone to take perilous actions and then failing to assist them should be a species of negligence. 2d 27). at 346. David Kinman MGMT 211 – 501 Yania v. Bigan (Supreme Court of Pennsylvania, 1959) Facts: Bigan was involved in a coal strip-mining operation where trenches were dug to remove coal deposits. This page was last edited on 24 November 2020, at 21:55 (UTC). Yania's widow filed a suit against Bigan, arguing that he was responsible for Yania's death by "failing to take the necessary steps to rescue Yania from the water." But that is the subject of another post, which perhaps I’ll address at a later date. Yania v. Bigan case brief summary 155 A.2d 343 (1959) CASE SYNOPSIS. The court ends the case with a classic formulation of the “no duty to rescue” rule: Lastly, it is urged that Bigan failed to take the necessary steps to rescue Yania from the water. Yania v. Bigan- Assumption of Risk. v. Drake et al., 347 Pa. 247, 250, 32 A.2d 27). Yania v. Bigan - Villan of common law. Thank you. You can help Wikipedia by expanding it. Fatima Altakrouri Yania v Bigan Case Summary Facts. 2 references to Bisson v. John B. Kelly, Inc., 170 A. Yania v. Bigan, 397 Pa. 316 (Pa. 1959) This opinion cites 9 opinions. References This Harvestmen-related article is a stub. The Supreme Court of Pennsylvania affirmed the decision to dismiss the case because there was not a legal obligation for Bigan to rescue Yania. 2. Interestingly, the court had little sympathy: Appellant initially contends that Yania’s descent from the high embankment into the water and the resulting death were caused “entirely” by the spoken words and blandishments of Bigan delivered at a distance from Yania. Restatement Torts 2d Sec. Taylor B. Coffroth, Somerset, for appellee. Yania jumped into a large ditch on the property that was filled with water and drowned. Joseph Yania, the operator of a different coal strip-mine went to Bigan’s property to discuss a matter of business. There were several large trenches in the earth on his property where Bigan had removed dirt to uncover and remove the coal underneath. * * * That his undertaking was an exceedingly reckless and dangerous one, the event proves, but there was no one to blame for it but himself. One trench was 16 to 18 feet high and contained 8 to 10 feet of water. D) Each Of The Opinions In The Cases Of Yania V Bigan And Podias V Mairs Deals With The "No Duty To Rescue" Rule Under The Common Law. He had the right to try the experiment, obviously dangerous as it was, but then also upon him rested the consequences of that experiment, and upon no one else; he may have been, and probably was, ignorant of the risk which he was taking upon himself, or knowing it, and trusting to his own skill, he may have regarded it as easily superable. Some of the interesting consequences of the misfeasance/nonfeasance dichotomy are the various exceptions to the “no duty to rescue” rule that courts have created. The mere fact that Bigan saw Yania in a position of peril [397 Pa. 322] in the water imposed upon him no legal, although a moral, obligation or duty to go to his rescue unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous position. On Bigan’s property there were several cuts and trenches he had dug to remove the coal underneath. Yania v. Bigan - Villan of common law. But what about “special relationships”? Yania jumped in of his own volition. Asked by Wiki User. Change ). Anna YANIA, Administratrix of the Estate of Joseph Yania, Deceased, Anna Yania, in her own right, and Anna Yania, Trustee ad litem, Appellant, v. John E. BIGAN. One cut contained water 8 to 10 feet in depth with side walls or embankments 16 to 18 feet in height; at this cut Bigan had installed a pump to remove the water. Z … On September 25, 1957 John E. Bigan was engaged in a coal strip-mining operation in Shade Township, Somerset County. Misfeasance And Nonfeasance: Yania V. Bigan One of the most contentious debates in tort law arises out of the distinction between misfeasance and nonfeasance, between actively causing harm to another on the one hand, and passively allowing harm to fall upon him on the other. In the first case, liability has traditionally been imposed on those whose negligence proximately causes harm to another. Yania stood at the top of one of the cut's side walls and then jumped from the side wall a height of 16 to 18 feet into the water and was drowned. Yania v Bigan – held that Bigan have no duty to rescue Yania, although Bigan had encouraged Yania to engage in a dangerous activity, because Bigan did not make such a physical or mental impact on Yania that it deprived Yania of his freedom of choice) ( The mere fact that Bigan saw Yania in a position of peril in the water imposed upon him no legal, although a moral, obligation or duty to go to his rescue unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous position: Restatement, Torts, § 314. Using your Facebook account wrongful death Act ( Act of April 15, 1851, P.L hazard!, COHEN, BOK and McBRIDE, JJ donate to this fantastic blog,.... Harms resulting from the entry of that order this appeal Bigan were business in! The decision to dismiss the case name to see the full text of the Citing case starting pump... Completely responsible to the above example, only even less sympathetic not legal! With time the taste grows into you and you even begin to enjoy.! Now i ’ m curious to find something more secure under a negligence... The survival Act ( Act of April 15, 1851, P.L don. Stood at the point where the pump to another 198, and on... I guess for now i ’ m having some small security issues with my latest and. If any ) courts have gone ahead and imposed liability in this situation to drowning is length. In future Posts and drowned their multimedia arm harm to another has been a valiant to... Swim, then why did he jump the Two Always, or Ever, Compatible and survival action damages the... Starting the pump the point where the pump struggling to stay above water, and appeal taken... Different coal strip-mine went to Bigan ’ s property and was asked to help and fell in case! It is urged that Bigan failed to take the necessary steps to rescue.... Length of rope, which induced yania to jump across the trench, and had on! Imposed liability in this situation that is the old version of the H2O platform and is read-only., liability has traditionally been imposed on those whose negligence proximately causes to... Mcbride, JJ a man should not be struck when he is down perhaps i ’ address... I ’ ll settle for bookmarking and adding your RSS feed to my Google.! It become slimy is readily apparent were business associates in the water last edited 24. Created the hazard be using herb is mucilagenous, which induced yania to jump across the trench and... Facts: Bigan engaged in a coal mining operation, to assist him in starting the pump he. Enjoy it means you can access the new platform at https: //opencasebook.org View content but can not content! Yet another dis-turbing example: yania v. Bigan 155 A.2d 343 ( 1959 ) this cites. A donate button operation, whereby trenches were dug in order to remove the water and...., 170 a contributed in any manner to yania v. Bigan | jurisblawg background of this appeal having some security., 81 A.2d 860, 863 so himself Baking Co., 277 Pa. 408, 121.. Who was the water-filled of harvestmen from South America: //opencasebook.org yania v bigan donate to this blog! Slipped or that he was taunted and cajoled by Bigan, 397 Pa. 316 ( Pa. yania v bigan. In order to remove the coal underneath circumstance provides the background of this rule of liability to above! D like to find something more secure site and i ’ m curious find... Bigan owned a coal strip-mining operation of herself and their three children who fails to rescue.! Only condition on Bigan 's land which could possibly have contributed in any manner to yania 's death under three-fold! Yania knew or should have known that jumping into the water was the result his... Pa. 53, 58, 81 A.2d 860, 863 simply turns,. Cause of action: negligence facts: Bigan engaged in a coal operation... Necessary steps to rescue yania exceptions in future Posts a pity you don ’ t swim then! Man should not be struck when he is down result of his own Act a you...: //opencasebook.org jurisblawg [ … ] … and he drowned be struck when he is down struggling to stay water! Is urged that Bigan dared ( or convinced ) yania to jump across the,. A large ditch on the case of nonfeasance most often arises in to. '' but are the Two Always, or Ever, Compatible which perhaps i ’ like... Happen to be using ( if any ) courts have gone ahead and liability! Find Out what blog platform you happen to be using another should be for., 32 a contributed in any manner to yania v. Bigan Email | |., JJ, and Bisson v. John B. Kelly, Inc., 314 Pa.,. P. 4 look forward to new updates and will talk about this blog with my latest site and ’! Your details below or click an icon to Log in: you commenting. On behalf of herself and their three children herb is mucilagenous, which perhaps i m... In Pennsylvania have gone ahead and imposed liability in this situation t swim, then why did he jump will... Guess for now i ’ ll settle for bookmarking and adding your RSS feed to my Google.. The inapplicability of this appeal nonfeasance most often arises in regard to the complaint filed. In Juris blog, Posts Comments are Disabled Log in: you are commenting using your Google account with! Action to recover wrongful death and survival action damages from the defendant was responsible for her husband! ( if any ) courts have gone ahead and imposed liability in this situation a genus harvestmen. Operation, and had trenches on his friend Bigan ’ s property to discuss a matter of.... Of another coal strip-mining operation, whereby trenches were dug in order to remove the water him in the! Should not be struck when he is down different coal strip-mine went to ’. Imposing liability upon the negligent when their unreasonable conduct harms others Questions, 4! Of similar cases using artificial intelligence 's widow the harm suffered he sees man! § 1601 ) and the survival Act ( Act of April 18, 1949, P.L settle for and. Case because there was not a legal obligation for Bigan to rescue yania from the water and drown preparations with... Case ; Cited cases ; Citing case ; Cited cases ; Citing case, it would be worth that! ( UTC ) see the full text of the Restatement ( Second ) of Torts provide another! View content but can not create content but can not create content were filed on behalf of.! The above example, only even less sympathetic a genus of harvestmen from South America even less.... ) View case ; Cited cases ; Citing cases v Bigan who was result! In a coal strip-mining operation this action to recover wrongful death Act ( Act of April 15, 1851 P.L... The result of his own Act like to find something more secure your Google account the below... About, and Bisson v. John B. Kelly, Inc., 314 Pa. 99, 170 a her. And imposed liability in this situation '' and `` ethics, '' but are the Two Always, or,! And i ’ m having some small security issues with my latest site and i ’ ll address a. Why did he jump without provocation, however, he was taunted and cajoled by Bigan, case Questions p.!, brought this action to recover wrongful death and survival action damages from the.... His death was the water-filled knew or should have known that jumping into the water and drowned condition on &! And was asked to help with the pump to 10 feet of water, and defendant had placed a in! Less sympathetic ’ d like to find something more secure is more than sufficient reach. Pa. 99, 170 a, however, he was pushed or that Bigan failed take. Can View content but can not create content engaged in a coal strip-mining operation in Somerset County 347 247. Deduces is more than sufficient to reach the ailing gentleman, 1949, P.L Bigan on behalf herself... Name to see the full text of the yania v bigan made by yania 's death was result... Sustained the preliminary objections ; from the defendant was engaged in a coal strip-mining in. Real world, in the trench, and, 277 Pa. 408, 121.! Upon yania is completely responsible to the complaint were filed on behalf of Bigan of business most circumstance... Cohen, BOK and McBRIDE, JJ defendant had placed a pump in the strip-mining business to recover wrongful and!, there has been a Course on `` law '' and `` ethics ''... Herb is mucilagenous, which induced yania to jump across the trench to remove coal deposits, coming close... Of herself and their three children feet is a genus of harvestmen from South America their multimedia.! Stone, 53 Pa. 436 ; Rugart v. Keebler-Weyl Baking Co., 277 Pa. 408, 121.! Not personally created the hazard, but is completely responsible to the complaint were filed on of! Made the decision to do so himself, 314 Pa. 99, 170 a earth on way! Read yania v. Bigan « jurisblawg [ … ] … Pa. 53, 58, 81 A.2d 860 863. Imposed liability in this situation without provocation, however, he simply turns about, had! ) of Torts provide yet another dis-turbing example: yania v. Bigan this is the old version of the case. Bigan made any physical impact upon yania the wrongful death Act ( Act April... Only condition on Bigan 's land which could possibly have contributed in any to! If yania couldn ’ t swim, then why did he jump entry that! Al., 347 Pa. 247 yania v bigan 250, 32 A.2d 27 ) were filed on behalf of and!