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Zittrain Torts Playlist Spring 2013

Wagner v. International Railway Co.

Should defendants be liable for a rescuer who is hurt when attempting to aid victims of defendant's wrongful conduct? Plaintiff's cousin was thrown from defendant's rail car after the car rounded a sharp corner. The conductor employed by the defendant had failed to close the doors of the car. At the time the cousin was thrown, the car was on tracks raised twenty-five feet high and near a bridge. The plaintiff was injured when he slipped and fell from the rail tracks while looking for his cousin's body.