V LONG ISLAND RAILROAD CO 248 NY 339 162 NE99 NY 1928 PALSGRAF V LONG ISLAND RAILROAD CO ALL ABOARD LUGGAGE LUGGAGE ALL ABOARD LUGGAGE ALL ABOARD LUGGAGE ALL ABOARD LUGGAGE ALL ABOARD ID: 597031
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PALSGRAFSlide2
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LONG ISLAND RAILROAD COSlide4
248 N.Y. 339, 162 N.E.99 (N.Y. 1928)
PALSGRAF
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ALL ABOARD
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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.