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The case is recent, but the general phenomenon is not a novel one. Take the rule announced in Wagner v. International Railway Co.,321 another famous Cardozo case decided seven years before Palsgraf. In Wagner, Cardozo held that a defendant who had negligently endangered another person could be liable to that person’s companion, for injuries sustained in the course of attempting a rescue.322 It might seem that such injured rescuer must sue as the “vicarious beneficiary”323 (in Palsgraf’s phrase) of the negligent defendant’s breach of his duty of care to the primary victim endangered. Not so, Cardozo maintained: “The wrong that imperils life is a wrong to the imperiled victim; it is a wrong also to his rescuer. . . . The risk of rescue, if only it be not wanton, is born of the occasion.”324 The most natural reconstruction of Cardozo’s thought, as the Palsgraf perspective’s defenders have recognized, sounds in foreseeability: “[T]he prospect of a rescuer who might be injured [is] within the scope of the hazards the negligent defendant [can] be expected to foresee.”325 Because the rescuer is a foreseeable victim of the defendant’s negligent action, the defendant breaches a duty of care owed to him, not just a duty of care owed to the directly imperiled party. “Danger invites rescue,” as Cardozo memorably put it.326，推荐阅读Telegram 官网获取更多信息
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Найдено место затопления разграбленного пиратами корабля с сокровищамиДва археолога из США нашли место затопления легендарного корабля с сокровищами
В России подешевели огурцы20:44。关于这个话题，博客提供了深入分析