New York Court of Appeals

Anna Eckert v. the Long Island Railroad Company, Appellant

January 24, 187143 N.Y. 502

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the intestate's voluntary exposure to danger to rescue a child does not constitute negligence barring recovery and that the motion for nonsuit was properly denied; the dissent argued that the rescue was a voluntary act and the defendant should not be liable, urging reversal.