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PALSGRAF

V.. LONG ISLAND RAILROAD CO. 248 N.Y. 339, 162 N.E.99 (N.Y. 1928). PALSGRAF. V.. LONG ISLAND RAILROAD CO. ALL ABOARD. LUGGAGE. LUGGAGE. ALL ABOARD. LUGGAGE. ALL ABOARD. LUGGAGE. ALL ABOARD. LUGGAGE. ALL ABOARD.

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PALSGRAF




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Presentation on theme: "PALSGRAF"— Presentation transcript:

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PALSGRAFSlide2

V.Slide3

LONG ISLAND RAILROAD COSlide4

248 N.Y. 339, 162 N.E.99 (N.Y. 1928)

PALSGRAF

V.

LONG ISLAND RAILROAD COSlide5
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ALL ABOARD

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LUGGAGE

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LUGGAGE

Ms

PalsgrafSlide166

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BOOMSlide240

FACTS

A passenger was running to get onto a train which was leaving the station. He was carrying a package wrapped in newspaper. Two railroad employee’s

saw the

passenger and thought he was falling. One of the employee’s was in the railroad car, and attempted to pull the passenger onto the train and the other was on the platform, and attempted to push the passenger into the train. Upon the employee’s actions, the package the passenger was carrying was dropped onto the rails and exploded.

No one knew that

there were fireworks inside the package due to the wrapping. The shock of the blast may have knocked down scales at the other

end

of the platform where Ms.

Palsgraf

was standing.Slide241

ISSUE

Were the actions of the guards negligent against Ms.

Palsgraf

whom was distant from the explosion?Slide242

RULE

Negligence

is the omission to do something which a reasonable person would do. Or doing something which a prudent and reasonable person would not do.

Proximate Cause

is the result of a direct action and cause of loss to property that sets in motion a chain of events that is unbroken and causes damage, injury and destruction with no other interference. The loss is the result of one event.Slide243

ANALYSIS

The relationship in which the guards were assisting a passenger when the package the passenger was carrying

was dropped

and exploded was to distant from Ms.

Palsgraf’s

injury to make the guards liable. Proximate cause of the injuries were the explosion, however it was the result of the package being dropped because of the pushing and pulling of the guards. Due to the guard doing what a reasonable person would do assisting a passenger, there was no way for the guards to know what was in the package. Therefore, the proximate cause was to distant for the injuries of Ms.

Palsgraf

to be caused by the guards.Slide244

CONCLUSION

Long Island Railroad could not be held liable for an injury that could not be reasonably foreseen.