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Case Briefs

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Babatunde White
Torts
Case Briefs Yania v Bigan
397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant –

Procedural History: Trial court dismissed the case; plaintiff appeals.
Cause of action: Negligence
Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business. During his visit, he was taunted andcajoled by Bigan, which induced Yania to jump in the water and he drowned. Bigan made no physical act that caused Yania to fall in, and Yania to not fall in by mistake, but of his own volition

Issue: Was Bigan responsible for Yania jumping in the water due to the mental impact he had on Yania? Is Bigan responsible for not acting to save Yania from drowning? - No, No.

Holding: No, Order to dismiss affirmed.

Reasoning: Yania was an adult of full mental capacity. Bigan's taunts, etc. arenot the reason Yania drowned. Yania jumped in of his own volition. Yania knew or should have known that jumping into the water was very dangerous, and made the decision to do so himself. 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. Bigan had no legal duty to rescue.

Erie R.R. v. Stewart

40 F.2d 855, 1930 U.S. App

Procedural History: Tompkins brought this personal injury lawsuit in diversity in federal district court in New York, the jury returned a verdict in favor of Tompkins for $30,000. The Circuit Court of Appeals affirmed, holding that in regards to questions of general law that are not covered by state statute, federal courts are free to exercise their judgment as to what the law is.

Facts. Plaintiff was a passenger in a

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