Palsgraf v. Long Island

by | Nov 18, 2021 | Homework Help

Intro to law. The work is to be 1 page with three to five sources, with in-text citations and a reference page. CASE CASE Palsgraf v. Long Island R.R. Co., Ct. of App. of N.Y., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928 Palsgraf v. Long Island Railroad was a matter number 248 in New York. Matter number 339, which was heard and determined by the New York Court of appeal. The Court is by fact and principle the highest in the land and it was adjudicated upon by Cardozo Benjamin who was the Chief Judge. The nature of this matter gave headlights and pathways into the notion of proximate cause relative to the aspect of liability while at the same time bringing to light the aspect of limitation of negligence.Facts: Mrs. Hellen Palsgraf was standing on the steps of the train platform when two men ran in to catch the train the second man carried luggage and appeared to be falling when the train employees or guards who were standing by moved in to help him by pushing him into the train. In the course of the entry, the luggage of the second man fell down (it had fireworks), so it exploded hitting the tracks (Prosser, 1953). The impact on the tracks initiated the scales on the other end of the train to fall thereby injuring the plaintiff Mrs. Helen Palsgraf. The plaintiff sued the railroad claiming she was injured due to the negligence of the employees of the railroad company.Judgment: the bench by way of majority dismissed the application of the plaintiff and instead arguing that the actions of the accused employee were too indirectly linked to the injury caused to the plaintiff. In principle, there was no way he could have known what the passenger and owner of the luggage had carried. Thus, the case was dismissed with costs.ReferenceProsser, W. L. (1953). Palsgraf Revisited. Michigan Law Review, 1-32.

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