In the case of Wagner v. International Railway(232 N.Y. 176, 133 N.E. 437 (1921)) International Railway was negligent and the result was someone fell out of one of their trains. A second person attempted to rescue the first person and was also injured. The Court held that International Railway was also liable for injuries to the rescuer, since it is entirely foreseeable that someone would try to rescue someone in trouble, and it was within the scope of proximate cause.

• There is a strong public policy reason for adopting as a rule of law that rescuers are always foreseeable and within the scope of proximate cause. As a society we want to encourage people to become rescuers.