She contends that Yania’s descent from the high embankment into the water and the
resulting death were caused “entirely” by the spoken words … of Bigan delivered at a distance
from Yania. The complaint does not allege that Yania slipped or that he was pushed or
that Bigan made any physical impact upon Yania. On the contrary, the only inference deducible
from the … complaint is that Bigan … caused such a mental impact on Yania that the
latter was deprived of his … freedom of choice and placed under a compulsion to jump into
the water. Had Yania been a child of tender years or a person mentally deficient then it is
conceivable that taunting and enticement could constitute actionable negligence if it resulted
in harm. However, to contend that such conduct directed to an adult in full possession of all
his mental faculties constitutes actionable negligence is … completely without merit.
[The widow then claims] that Bigan … violated a duty owed to Yania in that his land
contained a dangerous condition, i.e., the water-filled cut or trench, and he failed to warn
Yania of such condition.… Of this condition there was neither concealment nor failure to
warn, but, on the contrary, the complaint specifically avers that Bigan not only requested
Yania and Boyd to assist him in starting the pump to remove the water from the cut but
“led” them to the cut itself. If this cut possessed any potentiality of danger, such a condition was as obvious and apparent to Yania as to Bigan, both coal strip-mine operators.
Under the circumstances herein depicted Bigan could not be held liable in this
respect.
She contends that Yania’s descent from the high embankment into the water and theresulting death were caused “entirely” by the spoken words … of Bigan delivered at a distancefrom Yania. The complaint does not allege that Yania slipped or that he was pushed orthat Bigan made any physical impact upon Yania. On the contrary, the only inference deduciblefrom the … complaint is that Bigan … caused such a mental impact on Yania that thelatter was deprived of his … freedom of choice and placed under a compulsion to jump intothe water. Had Yania been a child of tender years or a person mentally deficient then it isconceivable that taunting and enticement could constitute actionable negligence if it resultedin harm. However, to contend that such conduct directed to an adult in full possession of allhis mental faculties constitutes actionable negligence is … completely without merit.[The widow then claims] that Bigan … violated a duty owed to Yania in that his landcontained a dangerous condition, i.e., the water-filled cut or trench, and he failed to warnYania of such condition.… Of this condition there was neither concealment nor failure towarn, but, on the contrary, the complaint specifically avers that Bigan not only requestedYania and Boyd to assist him in starting the pump to remove the water from the cut but“led” them to the cut itself. If this cut possessed any potentiality of danger, such a condition was as obvious and apparent to Yania as to Bigan, both coal strip-mine operators.Under the circumstances herein depicted Bigan could not be held liable in this
respect.
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