University:
Santa Ana College
Course:
CJ 109 | Community Interaction
Academic year:

2020
Views:

402

Pages:

1
Author:

esfredint7qo

Citation: Yania v. Bigan 155 A.2d 343 (1959) Procedural History: The plaintiff appealed judgment that sustained the defendant’s dermurrer and dismissed the wrongful death and survival actions against the defendant arising from the death of plaintiff’s decedent. Facts: The defendant was engaged in strip-mining coal on his property, in this instance a trench with embarkments 16 to 18 feet high with 8 to 10 feet of water was the source of danger. The defendant encouraged the decedent by taunting, enticing, and urged him to jump into the water from the embankment. The decedent did so and drowned. The defendant made no effort to rescue the decedent Issue: Does liability exist for nonfeasance to a fellow human being in danger not caused by the nonactor? Is contributory negligence a complete defense to negligence? Rule: There is no liability for nonfeasance to a fellow human being in danger caused by the nonactor. Contributory negligence a complete defense to negligence. Analysis: The court reasoned that the decedent knew of the danger of the trench with water, due to being a coal strip-miner himself. The decedent was a fully mentally competent reasonable person, and of his own volution negligently jumped into the water in which he drowned. Holding: No, judgment affirmed. Black Letter Law: There is no liability for nonfeasance to a fellow human being in danger caused by the nonactor. Contributory negligence a complete defense to negligence. Nonfeasance = failure to perform an act that is required by law.

Citation - Yania v. Bigan

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