Legal Opinion · Dissent

Bell Cab Company v. Vasquez

Court of Appeals of Texas

Decided October 16, 1968No. 14694Published

1DissentCadena, Justice

I cannot agree that a plaintiff who is attempting to rescue a third person from imminent danger and who is injured by the negligent conduct of defendant should be denied recovery because, in the rescue attempt, he failed to show that concern for his own safety which, presumably, would have characterized the conduct of that mythical creature, the man of ordinary prudence.

The rescue doctrine came to fine flower in the leaping language of Judge Cardozo in Wagner v. International Ry. Co., 232 N.Y. 176, 133 N.E. 437, 19 A.L.R. 1 (1921). That brilliant opinion rejects that dark and dismal view of…

2Cases cited20 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Texas & Pacific Railway Co. v. WatkinsTexas Supreme Court · 1895
  3. Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
  4. International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
  5. Goolsbee v. Texas & New Orleans RailroadTexas Supreme Court · 1951

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