Lastly, [the widow claims] that Bigan failed to take the necessary steps to rescue
Yania from the water. The mere fact that Bigan saw Yania in a position of peril in the
water imposed upon him no legal, although a moral, obligation or duty to go to his rescue
unless Bigan was legally responsible, in whole or in part, for placing Yania in the perilous
position. “[The deceased] voluntarily placed himself in the way of danger, and his death
was the result of his own act.… That his undertaking was an exceedingly reckless and
dangerous one, the event proves, but there was no one to blame for it but himself. He
had the right to try the experiment, obviously dangerous as it was, but then also upon
him rested the consequences of that experiment, and upon no one else; he may have
been, and probably was, ignorant of the risk which he was taking upon himself, or knowing
it, and trusting to his own skill, he may have regarded it as easily superable. But in
either case, the result of his ignorance, or of his mistake, must rest with himself and cannot
be charged to the defendants.” The law imposes on Bigan no duty of rescue.
Lastly, [the widow claims] that Bigan failed to take the necessary steps to rescueYania from the water. The mere fact that Bigan saw Yania in a position of peril in thewater imposed upon him no legal, although a moral, obligation or duty to go to his rescueunless Bigan was legally responsible, in whole or in part, for placing Yania in the perilousposition. “[The deceased] voluntarily placed himself in the way of danger, and his deathwas the result of his own act.… That his undertaking was an exceedingly reckless anddangerous one, the event proves, but there was no one to blame for it but himself. Hehad the right to try the experiment, obviously dangerous as it was, but then also uponhim rested the consequences of that experiment, and upon no one else; he may havebeen, and probably was, ignorant of the risk which he was taking upon himself, or knowingit, and trusting to his own skill, he may have regarded it as easily superable. But ineither case, the result of his ignorance, or of his mistake, must rest with himself and cannotbe charged to the defendants.” The law imposes on Bigan no duty of rescue.
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