YANIA V. BIGAN
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.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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