Yania v. Bigan,

155 A.2d 343 (1959)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was engaged in a coal strip-mining operation. There were large cuts or trenches and one cut contained water 8 to 10 feet in depth with side walls or embankments 16 to 18 feet in height. D had installed a pump to remove the water. P, the operator of another coal strip-mining operation, and Ross went upon D's property to talk business. D asked P to help him start a pump. P 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. P's widow, in her own right and on behalf of her three children, instituted wrongful death and survival actions against D. P alleged that D urged, enticed, taunted, and inveigled P to jump into the water which D knew or should have known was 8-10 feet deep. D violated his obligations to a business invitee in not having his premises reasonably safe, and not warning his business invitee of a dangerous condition and to the contrary urged, induced and inveigled P into a dangerous position and a dangerous act. D also failed and neglected to take reasonable steps and action to protect or assist P or to extradite P from the dangerous position in which D had placed him. D's demurrers were sustained, and P appealed.