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http://en.wikipedia.org/wiki/Palsgraf_v._Long_Island_Railroad_Co.
Palsgraf v. Long Island Railroad Co
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But we should get this:
Palsgraf v. Long Island Railroad Co.
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Palsgraf v. Long Island Railroad Co.
New York Court of Appeals
Argued February 24, 1928
Decided May 29, 1928
Full case name: Helen Palsgraf v. The Long Island Railroad Company
Citations: 248 N.Y. 339; 162 N.E. 99; 1928 N.Y. LEXIS 1269; 59 A.L.R. 1253
Prior history: Judgment for plaintiff, Kings County Supreme Court, May 31, 1927; affirmed, 222 A.D. 166 (N.Y. App. Div. 1927)
Subsequent history: none
Holding
Defendant could not be held liable for an injury that could not be reasonably foreseen. New York Supreme Court, Appellate Division, reversed and complaint dismissed.
Court Membership
Chief Judge Benjamin Cardozo
Associate Judges Cuthbert Pound, William S. Andrews, Frederick Crane, Irving Lehman, Henry Kellogg, John F. O'Brien
Case Opinions
Majority by: Cardozo
Joined by: Pound, Lehman, Kellogg
Dissent by: Andrews
Joined by: Crane, O'Brien
Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y. 1928), was a decision by the New York Court of Appeals (the highest state court in the New York) written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a Supreme Court justice. Palsgraf is a landmark in tort law that helped establish the limitations of negligence.
Contents [hide]
1 Facts
2 Opinion of the court
3 Dissenting opinion
4 Influence of the case
[edit] Facts
A passenger carrying a package, while hurrying to catch and board a moving Long Island Rail Road train, appeared to the railroad's (Defendant's) employee to be falling. The employee attempted to help the passenger and caused a package the passenger was holding to fall on the rails. Unbeknownst to the employee, the package contained fireworks, and the employee's effort to help caused the package to explode. The shock reportedly knocked down scales at the other end of the platform (although later accounts suggest that a panicking bystander may have upset the scale), which injured Mrs. Helen Palsgraf (Plaintiff). Palsgraf sued the railroad, claiming her injury resulted from negligent acts of the employee. The trial court found for Palsgraf (Plaintiff) by verdict from a jury, Long Island Rail Road appealed the judgment
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