I had the pleasure of recently visiting Professor Horwitz, who is retired, at his office in Langdell to discuss the event as I remember it and to get his take on it. Issue. three issues: Cajoling him to jump: "actionable negligence is not only without precedent but completely without merit" Condition on the land: there was neither a concealed condition nor a failure to warn Failure to rescue: Bigan wasn't responsible for putting Yania in the dangerous position, therefore he had no … Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Yania, another coal miner, came onto Bigan’s land to discuss a business matter. Yania jumped in of his own volition. From a distance, Bigan allegedly began taunting and enticing Yania to jump into the water at the bottom of the cut. Video. Erie R.R. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. Bigan had no legal duty to save Yaniafrom drowning, unless it was caused by his own negligence, which it was decidedabove that it was not. In response to these taunts, Yania jumped into the cut and drowned. Although Defendant enticed Yania to perform a dangerous act, it was the performance of that act that caused Yania’s death, not the enticement. One such cut was sixteen to eighteen feet deep, with eight to ten feet of water held within. Preliminary objections, in the nature of demurrers, to the complaint were filed on behalf of Bigan. law and data science “people only believe what they want to believe “ preliminary argument for a holistic concept of consciousness and perception; meta-ethics, nihilism, and nietzsche You can try any plan risk-free for 30 days. 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. What happened in this case? There were several large trenches in the earth on his property where Bigan had removed dirt to uncover and remove the coal underneath. Yania v. Bigan (1959) John Bigan owned a coal strip-mining operation in Somerset County in Pennsylvania. Brief Fact Summary. Yania's widow, in her own right and on behalf of her three children, instituted wrongful death and survival actions against Bigan contending Bigan was responsible for Yania's death. Opinion for Yania v. Bigan, 397 Pa. 316 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Z … On September 25, 1957 John E. Bigan was engaged in a coal strip-mining operation in Shade Township, Somerset County. Yania's widow, in her own right and on behalf of her three children, instituted wrongful death and survival actions against Bigan contending Bigan was responsible for Yania's death. In one of them Bigan had installed a pump to drain the water. The trial court dismissed the action in favor of Bigan. Yania v. Bigan397 Pa. 316, 155 A.2d 343, 1959 Pa. DeShaney v. Winnebago County489 U.S. 189, 109 S. Ct. 998, 103 L. Ed. You can try any plan risk-free for 7 days. Impeachment and Rehabilitation; Cross-Examination, Confidentiality and Confidential Communication, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Government of the Virgin Islands v. Knight, Daubert v. Merrell Dow Pharmaceuticals, Inc, Yania v. Bigan, 397 Pa. 316, 155 A.2d 343, 1959 Pa. LEXIS 457 (Pa. 1959). Yania's widow, in her own right and on behalf of her three children, instituted wrongful death and survival actions against Bigan contending Bigan was responsible for Yania's death. Some of these trenches had filled with rain water. In one of them Bigan had installed a pump to drain the water. Yania knew or should have known that jumping into the water was very dangerous, and made the decision to do so himself. 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 Supreme Court of Pennsylvania, 1959 JONES, Benjamin R., Justice. Synopsis of Rule of Law. A bizarre and most unusual circumstance provides the background of this appeal. No contracts or commitments. briefs keyed to 223 law school casebooks. Yania came over to land to help and fell in the water and drown. Get Farwell v. Keaton, 240 N.W.2d 217 (1976), Supreme Court of Michigan, case facts, key issues, and holdings and reasonings online today. Bigan had no legal duty to save Yaniafrom drowning, unless it was caused by his own negligence, which it was decidedabove that it was not. v. Drake et al., 347 Pa. 247, 250, 32 A.2d 27). We’re not just a study aid for law students; we’re the study aid for law students. Yania's widow, in her own right and on behalf of her three children, instituted wrongful death and survival actions against Bigan contending Bigan was responsible for Yania's death. 2d 249, 1989 U.S. Family Law Income Tax Property Torts Wills, Trusts & Estates International Law Securities Regulation Business Associations Patent Law Health Law Intellectual Property Professional Responsibility Conflicts Marijuana Law. In reaction to these taunts Yania jumped into the water and drowned. 1968), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. Cancel anytime. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Read more about Quimbee. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Yania’s widow (plaintiff) brought a wrongful death action against Bigan, alleging that Bigan should have attempted to rescue Yania after he jumped into the water. Did the trial court err in ruling in favor of Defendant? Bigan's taunts, etc. The no duty rule was the basis for the famous ruling in Yania v. Bigan, 397 Pa. 316, 155 A.2d 343 (1959) where a man watched another man drowned without taking any efforts to assist him. Fatima Altakrouri Yania v Bigan Case Summary Facts. The no duty rule was the basis for the famous ruling in Yania v. Bigan, 397 Pa. 316, 155 A.2d 343 (1959) where a man watched another man drowned without taking any efforts to assist him. The issue section includes the dispositive legal issue in the case phrased as a question. One of the more recent cases which flatly refused to impose liability in the just the type of scenario outlined above is Yania v. Bigan, 155 A.2d 343 (Penn. The procedural disposition (e.g. There were large cuts or trenches and one cut contained … Written and curated by real attorneys at Quimbee. HE had a hole 16 ft wide with water 8 ft deep in it. apparently contends that Bigan dared (or convinced) Yania to jump across the trench, and . ises); Yania v. Bigan, 397 Pa. 316, 319, 155 A.2d 343, 346 (1959) (defendant not liable for failing to rescue decedent who had jumped into a trench of water and drowned while defen-dant stood by). Defendant asked Yania, the operator of another coal strip-mining operation, to assist him in starting the pump. Written and curated by real attorneys at Quimbee. Preliminary objections, in the nature of demurrers, to the complaint were filed on behalf of Bigan. There is no liability for nonfeasance. Discussion. 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. After the death of Yania, his widow filed a case against Bigan. Yania v. Bigan, Case Questions, p. 4 . The Supreme Court of Pennsylvania 397 Pa. 316; 155 A.2d 343; 1959 Pa. LEXIS 457 Argued October 7, 1959 November 9, 1959 Facts: On September 25, 1957 John E. Bigan was engaged in a coal strip-mining operation in Shade Township, Somerset County. 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. On appeal, the court stated that the “only inference deductible from the facts alleged in the compliant is that Bigan, by the employment of cajolery and inveiglement, caused such a mental impact on Yania that the latter was deprived of his volition and freedom of choice and placed under a compulsion to jump into the water.” The appellate court reasoned that had Yania been a child of tender years or a person mentally deficient then it is conceivable that taunting and enticement could constitute actionable negligence if it resulted in harm. Yania jumped in of his own volition. 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. The operation could not be completed. If Yania couldn’t swim, then why did he jump? 155 A.2d 343 (1959) NATURE OF THE CASE: Yania (P) appealed a judgment that sustained Bigan's (D) demurrer and dismissed P's wrongful death and survival actions against D arising from the death of P's decedent. The court summarized the case against Bigan as follows: “Bigan stands charged with three-fold negligence: (1) by urging, enticing, taunting and inveigling Yania to jump into the water; (2) by failing to warn Yania of a dangerous condition on the land, i.e., the cut wherein lay 8 to 10 feet of water; (3) by failing to go to Yania’s rescue after he had jumped into the water,” (Id. As possessor of the land, Bigan would become subject to liability to Yania for any physical harm caused by any artificial or natural condition upon the land (1) if, but only if, Bigan knew or could have discovered the condition which, if known to him he should have realized involved an unreasonable risk of harm to Yania, (2) if Bigan had no reason to believe Yania would discover the condition or realize the risk of … It dismissed her wrongful death and survival actions against Defendant, which arose from the death of the Plaintiff’s husband, Joseph Yania (Yania). v. Drake et al., 347 Pa. 247, 250, 32 A. Identify each of the arguments made by Yania's widow. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case YANIA V. BIGAN, 155 A.2d 343 (1959) CASE BRIEF YANIA V. BIGAN. Get Iseberg v. Gross, 879 N.E.2d 278 (2007), Illinois Supreme Court, case facts, key issues, and holdings and reasonings online today. The water was about 8 to 10 feet in depth and … There were several large trenches in the earth on his property where Bigan had removed dirt to uncover and remove the coal underneath. The rule of law is the black letter law upon which the court rested its decision. Written and curated by real attorneys at Quimbee. For each, explain how the judge . 1355; Callano v. Oakwood Park Homes Corp91 N.J. Super. The widow . Get United States v. Lawter, 219 F.2d 559 (1955), United States Court of Appeals for the Fifth Circuit, case facts, key issues, and holdings and reasonings online today. Interestingly, the … There were several large trenches in the earth on his property where Bigan had removed dirt to uncover and remove the coal underneath. Bigan asked Yania to help start a water pump in the cut. 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