Appellant was injured when he rescued an employee of respondent from falling through an opening on the second floor of premises maintained and controlled by respondent. Judgment reversed and a new trial granted, with costs to appellant to abide the event. If respondent was negligent with respect to its employee, it may be held negligent with respect to appellant, who attempted to, and did, rescue the employee. (Wagner v. International Ry. Co., 232 N.Y. 176.) In our...
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