232 N.Y. 176 (1921).

A seminal opinion on the rescue doctrine.

The case involved a Plaintiff who was riding Defendant’s electric railway with his cousin.  The cousin fell from one of the cars as it rounded a turn on a trestle.  When Plaintiff, in the dark, walked back onto the trestle in search of his cousin, he lost his footing and fell.

In the court’s opinion authored by Judge Cardozo, Defendant was liable to Plaintiff.  The court reasoned:

Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognizes them as normal. It places their effects within the range of the natural and the probable.

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