Yania v. Bigan

155 A.2d 343 (1959)

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Nature of the Case

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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.