CITE TITLE AS: Palsgraf v Long Is. The gain is one of emphasis, for a like result would follow if the interests were the same. 99 (1928), developed the legal concept of proximate cause. Created by. Liability for other damage, as where a servant without orders from the master does or omits something to the damage of another, is a plant of later growth (Holdsworth, op. Perhaps less. 99 (1928), is one of the most debated tort cases of the twentieth century. The case began in 1927 with an incident at a Long Island Railroad (LIRR) loading platform. Palsgraf v. Long Island R. Co. 222 A.D. 166, 225 N.Y.S. Court of Appeals of New York Argued February 24, 1928 Decided May 29, 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. A violent explosion followed. Supreme Court of New York, Appellate Division, Second Department. This appears in the form of action, which was known as trespass on the case (Holdsworth, op. Palsgraf v. Long Island Railroad: Understanding Scope of Liability. ), In the well-known Polemis Case (1921, 3 K. B. (Donnelly v. Piercy Contracting Co., 222 N. Y. Palsgraf case brief: During the New York Court of Appeal's judgment Palsgraf v Long Island Railroad of 1928, the state case law followed the classic formalities for negligence: the plaintiff had to prove that the Long Island Railway had the responsibility to the customers and had to take care since she received a loss of health precisely through the violation of this duty. This is not a mere dispute as to words. NYLS alumni were involved in all aspects of this trial, lawyers on both sides, judges and an expert witness. Such is the language of the street. cit. If no hazard was apparent to the eye of ordinary vigilance, an act innocent and harmless, at least to outward seeming, with reference to her, did not take to itself the quality of a tort because it happened to be a wrong, though apparently not one involving the risk of bodily insecurity, with reference to some one else. Elisa Samonte 13 January 2016 Professor W. Avery FRL 201.04 IRAC #1 Case: Palsgraf v. Long Island Railroad Co. Background Information: Helen Palsgraf was waiting for the train at the station when a man carrying a package came running down to catch the train that was passing by. Without that, the injury would not have happened. Later, from the right comes water stained by its clay bed. Appellant. The wrongdoer as to them is the man who carries the bomb, not the one who explodes it without suspicion of the danger. We have in a somewhat different connection spoken of "the stream of events." The plaintiff sues in her own right for a wrong personal to her, and not as the vicarious beneficiary of a breach of duty to another. One man was carrying a nondescript package. CARDOZO, Ch. B, sitting in a window of a building opposite, is cut by flying glass. torts, the case of Palsgraf v. Long Island Railroad' is still the best springboard available from which to plunge into the troubled waters of the law of negligence. That is immaterial. The man was holding a package, which he dropped. There is room for [*347] argument that a distinction is to be drawn according to the diversity of interests invaded by the act, as where conduct negligent in that it threatens an insignificant invasion of an interest in property results in an unforseeable invasion of an interest of another order, as, e. g., one of bodily security. Palsgraf v Long Island Railroad Co. (1928), 162 NE 99. Palsgraf v. Long Island Railroad Co. is a featured article; it (or a previous version of it) has been identified as one of the best articles produced by the Wikipedia community.Even so, if you can update or improve it, please do so. Spell. To say that the wrongdoer was negligent as to the husband as well as to the wife is merely an attempt to fit facts to theory. Palsgraf v. Long Island R.R.. Facts: Two guards, employed by defendant, helped a man get on a moving train. In this regard, the original verdict of the jury was abolished, and the railway won the case. What is a cause in a legal sense, still more what is a proximate cause, depend in each case upon many considerations, as does the existence of negligence itself. If, however, we adopt the second hypothesis [*348] we have to inquire only as to the relation between cause and effect. Match. The court decided that there was no negligence on the part of the railway concerning its injured party. Life will have to be made over, and human nature transformed, before prevision so extravagant can be accepted as the norm of conduct, the customary standard to which behavior must conform. No human foresight would suggest that a collision itself might injure one a block away. The fireworks caused an explosion and the force of the explosion caused a scale at the other end of the station to fall on the Plaintiff, Ms. Palsgraf … (29 May, 1928) 29 May, 1928; Subsequent References; Similar Judgments; PALSGRAF v. LONG ISLAND R.R. 1, pp. 71, 74.) 450, 457; Wigmore, Responsibility for Tortious Acts, vol. Cardozo CJ and Andrews, Pound, Lehman, Kellogg, Crane, and O'Brien JJ. An insurance company paying a fire loss recovers its payment of the negligent incendiary. The judgment of the Appellate Division and that of the Trial Term should be reversed, and the complaint dismissed, with costs in all courts. Dozens of people are shuffling about to get to work and countless other places. Co., L. R. 6 C. P. 14; 1 Beven, Negligence, 106; Street, op. The decision raises most of the important issues of this branch of the law. The true theory is, it seems to me, that the injury to C, if in truth he is to be denied recovery, and the injury to the baby is that their several injuries were not the proximate result of the negligence. Because of either possibility the owner of the vessel was to be made good for his loss. Case Brief Case Name: Palsgraf v.Long Island Railroad Co. (Chapter 7, pages 140-141) Court Delivery Opinions: New York Court of Appeals, 1928 Citation: 248 N.Y. 339; 162 N.E. Case name: Palsgraf v. Long Island Railroad Company: Court: COURT OF APPEALS OF NEW YORK : Citation; Date: 248 N.Y. 339 (1928) Helen Palsgraf (plaintiff) was standing on a platform owned by the Long Island R.R. Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. Because, we are again told, the chauffeur had no reason to believe his conduct involved any risk of injuring either C or the baby. Is the cause likely, in the usual judgment of mankind, to produce the result? So it was a substantial factor in producing the resultthere was here a natural and continuous sequencedirect connection. Dissent → Court Documents; Case Syllabus: Opinion of the Court: Dissenting Opinion Andrews Wikipedia article [NY340] [NE99] Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. His majority opinion reasoned that Palsgraf … Co., Ct. of App. Is the result too remote from the cause, and here we consider remoteness in time and space. Should analogy be thought helpful, however, I prefer that of a stream. Any philosophical doctrine of causation does not help us. 442. It is practical politics. We build a dam, but are negligent as to its foundations. Breaking, it injures property down stream. He may not. Co. [*340] OPINION OF THE COURT CARDOZO, Ch. The scales struck the plaintiff, causing injuries for which she sues. The box fell only after a passenger, who was being shoved into a crowded train car by a guard, dropped them. The Palsgraf v Long Island was examined by the New York Court of Appeals and the highest state court in New York. Two men ran to catch the train as it was moving away from the station. July 7, 2015 | Jonathan Rosenfeld. A, walking on the sidewalk nearby, is killed. The diversity of interests emphasizes the futility of the effort to build the plaintiff's right upon the basis of a wrong to some one else. Two men ran forward to catch it. 99 (N.Y. 1928). Palsgraf v Long Island Railroad Co [1928] 248 NY 339. Norfolk & Western Ry. It does involve a relationship between man and his fellows. Elisa Samonte 13 January 2016 Professor W. Avery FRL 201.04 IRAC #1 Case: Palsgraf v. Long Island Railroad Co. Background Information: Helen Palsgraf was waiting for the train at the station when a man carrying a package came running down to catch the train that was passing by. Each is proximate in the sense it is essential. Palsgraf v. Long Island Railroad. Court of Appeals of New York 162 N.E. Write. Co. COA NY - 1928 Facts: P bought a ticket on D's train and was waiting to board the train. The man nearly fell over and the railroad employees tried to help him out, while they were trying to help him he dropped his package that was The concussion broke some scales standing a considerable distance away. Without each the future would not be the same. Except for the explosion, she would not have been injured. The words we used were [*353] simply indicative of our notions of public policy. 99 (N.Y. 1928), was a decision by the New York Court of Appeals, the highest state court in New York, written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a Supreme Court justice. 1, [*346] pp. Palsgraf v. Long Island Railroad Co., a decision by the New York State Court of Appeals that helped establish the concept of proximate cause in American tort law. I think the direct connection, the foresight of which the courts speak, assumes prevision of the explosion, for the immediate results of which, at least, the chauffeur is responsible. Hi there, would you like to get such a paper? Palsgraf v. Long Island Railroad Co. (1928). Some acts, such as shooting, are so imminently dangerous to any one who may come within reach of the missile, however unexpectedly, as to impose a duty of prevision not far from that of an insurer. At trial and first appeal Palsgraf was suc… This video was created as part of a class. We deal in terms of proximate cause, not of negligence. The decision raises most of the important issues of this branch of the law. On the contrary, given an explosion, such a possibility might be reasonably expected. Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. The right to recover damages rests on additional considerations. 94.) Created by. R.R. The plaintiff as she stood upon the platform of the station might claim to be protected against intentional invasion of her bodily security. The employees did not know what was in the package. 494; DiCaprio v. N. Y. C. R. R. Co., 231 N. Y. A husband may be compensated for [*350] the loss of his wife's services. Her action is original and primary. Defendant. cit. Railroad Co. guards. 99 (N.Y. 1928) Facts. 77, 78). v. THE LONG ISLAND RAILROAD COMPANY, Appellant. This does not mean, of course, that one who launches a destructive force is always relieved of liability if the force, though known to be destructive, pursues an unexpected path. The consequences to be followed must first be rooted in a wrong. Explain, why the plaintiff in Palsgraf v. Long Island Railroad Co. lost her case. A train stopped at the station, bound for another place. Such again and again their language in speaking of the duty of some defendant and discussing proximate cause in cases where such a discussion is wholly irrelevant on any other theory. 117; Adams v. Bullock, 227 N. Y. The purpose of the act, as well as its effect, was to make his person safe. 1, pp. It is a wrong not only to those who happen to be within the radius of danger but to all who might have been there a wrong to the public at large. The claimant was standing on a station platform purchasing a ticket. Palsgraf v. Long Island R.R. Palsgraf v. Long Island Railroad: Understanding Scope of Liability. No one on the platform knew about this, because his package looked small, about fifteen inches long, and he was covered with a newspaper. Is the effect of cause on result not too attentuated? 99 (N.Y. 1928), was a decision by the New York Court of Appeals (the highest state court in New York) written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a Supreme Court justice. Here, by concession, there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station. Learn. Once again, it is all a question of fair judgment, always [*355] keeping in mind the fact that we endeavor to make a rule in each case that will be practical and in keeping with the general understanding of mankind. Out of this wrong to property, which threatened injury to nothing else, there has passed, we are told, to the plaintiff by derivation or succession a right of action for the invasion of an interest of another order, the right to bodily security. The act upon which defendant's liability rests is knocking an apparently harmless package onto the platform. The question of liability is always anterior to the question of the measure of the consequences that go with liability. Here another question must be answered. Affront to personality is still the keynote of the wrong. Each one will have an influence. Thus to view his cause of action is to ignore the fundamental difference between tort and crime (Holland, Jurisprudence [12th ed. ], p. 328). p. 449; cf. vol. Palsgraf v. Long Island Railroad Co. 248 N.Y. 339 HELEN PALSGRAF, Respondent, v. The LONG ISLAND RAILROAD COMPANY, Appellant. There was no way for the guards to know the contents of the package. In falling they injured the plaintiff, an intending passenger. However, according to the New York precedent, the railway had the usual duty to exercise maximum care to its customers during transportation. Even though it was already moving, two men ran to catch the train. Long Island Railroad. brief facts of hellen palsgraf v. long island railroad co. Sunday, august 24, 1924 was the day when the incident happened. As to them he was not negligent. 47, where we passed upon the construction of a contractbut something was also said on this subject.) But somewhere they reach the point where they cannot say the stream comes from any one source. Other courts think differently. Co. Brief . While she was waiting to catch a train, a different train bound for another destination stopped at the station. Unfortunately, the opinion often is misunderstood. Palsgraf v. Long Island Railroad Co. Court of Appeals of New York, 1928. We have said so repeatedly. When it emerged out of the legal soil, it was thought of as a variant of trespass, an offshoot of the parent stock. So, in May 1927, the victim received a verdict from the jury for compensation for damages of $ 6,000 from the accused party. We draw an uncertain and wavering line, but draw it we must as best we can. Summary of Palsgraf v. The Long Island Railroad Company, 248 N.Y. 339; 162 n.e. We will all agree that the baby might not. Criticized and explained as this statement may have been, I think it states the law as it should be and as it is. There are some hints that may help us. The verdict of this case was written by Chief Justice Benjamin Cardoso. CO ... Where a railroad is required to fence its tracks against cattle, no man's rights are injured should he wander upon the road because such fence is absent. Negligent the act is, and wrongful in the sense that it is unsocial, but wrongful and unsocial in relation to other travelers, only because the eye of vigilance perceives the risk of damage. Forty-year-old Helen Palsgraf (plaintiff), who worked as a janitor and housekeeper, went to Rockaway Beach with her two daughters: fifteen-year-old Elizabeth and twelve-year-old Lillian. But there is one limitation. In this situation, nothing threatened a threat in the falling package, for persons who stood at a distance. (Smith v. London & Southwestern Ry. GET YOUR CUSTOM ESSAY Write. If not, is the result to be any different, so far as the distant passenger is concerned, when the guard stumbles over a valise [*343] which a truckman or a porter has left upon the walk? 208, 211; Parrott v. Wells-Fargo Co., 15 Wall. July 7, 2015 | Jonathan Rosenfeld. Facts: Palsgraf was standing on a platform of the Railroad after buying a ticket to go to Rockaway Beach. Nor on the other hand do we mean sole cause. (Pollock, Torts [12th ed. Is it a relative conceptthe breach of some duty owing to a particular person or to particular persons? We are not liable if all this happened because of some reason other than the insecure foundation. [U. S.] 524). Where there is the unreasonable act, and some right that may be affected there is negligence whether damage does or does not result. "The ideas of negligence and duty are strictly correlative" (BOWEN, L. J., in Thomas v. Quartermaine, 18 Q. 248 N.Y. 339, 162 N.E. • Background and Facts The plaintiff, Helen Palsgraf, was waiting for a train on a station platform. The Plaintiff was standing on a railroad platform purchasing a ticket, when a train stopped and two men ran forward to catch it. PLAY. Palsgraf. Facts Mrs. Palsgraf (P) was standing on a Long Island Railroad (D) train platform when two men ran to catch a train. Railroad Co. guards. C, likewise sitting in a window a block away, is similarly injured. If there is no tort to be redressed, there is no occasion to consider what damage might be recovered if there were a finding of a tort. And a further illustration. Palsgraf v. Long Island Railroad Co, the case was considered in 1928. For present purposes it sufficiently describes that average of conduct that society requires of its members. Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. Co. (Defendant), caused a man to drop a package of fireworks upon the tracks. But bodily security is protected, not against all forms of interference or aggression, but only against some. However, this responsibility did not extend to the station or platform. The package was full of fireworks and exploded, causing a scale to fall many feet away and injure plaintiff. 47, 54; Ehrgott v. Mayor, etc., of N. Y., 96 N. Y. Read Essays On Palsgraf V. Long Island Railroad Co and other exceptional papers on every subject and topic college can throw at you. ], p. 1411; Jaggard on Torts, vol. We have never, I think, held otherwise. A train stopped at the station, bound for another place. On Sunday, August 24, 1924 in Brooklyn, was a very warm summer day. J.; ANDREWS, J., dissents in opinion in which CRANE and O'BRIEN, JJ., concur. A guard on the car, who had held the door open, reached forward to help [*341] him in, and another guard on the platform pushed him from behind. Indeed in the Di Caprio case we said that a breach of a [*351] general ordinance defining the degree of care to be exercised in one's calling is evidence of negligence as to every one. A man had been running to catch a departing train at the station and was helped onto it by two L. I. The water level rises. The railroad turned to this verdict. Palsgraf v. Long Island Railroad Company, 248 N.Y. 339, 162 N.E. We are told that one who drives at reckless speed through a crowded city street is guilty of a negligent act and, therefore, of a wrongful one irrespective of the consequences. 2, p. 826; Wharton, Negligence, § 24; Bohlen, Studies in the Law of Torts, p. 601). Palsgraf v. Long Island R.R. What should be foreseen? Working 24/7, 100% Purchase His conduct would not have involved, even then, an unreasonable probability of invasion of her bodily security. Long Island Railroad. A licensee or trespasser upon my land has no claim to affirmative care on my part that the land be made safe. Into the clear creek, brown swamp water flows from the left. The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension (Seavey, Negligence, Subjective or Objective, 41 H. L. Rv. 189, 190). Take our rule as to fires. It was a package of small size, about fifteen inches long, and was covered by a newspaper. We did not limit this statement to those who might be expected to be exposed to danger. 1928. 1. Co.248 N.Y. 339, 162 N.E. We are told that C may not recover while A may. (railroad) (defendant). Sch. Whether by flying fragments, by broken glass, by wreckage of machines or structures no one could say. Co. v. Wood, 99 Va. 156, 158, 159; Hughes v. Boston & Maine R. R. Co., 71 N. H. 279, 284; U. S. Express Co. v. Everest, 72 Kan. 517; Emry v. Roanoke Nav. Helen Palsgraf, Respondent, v The Long Island Railroad Company, Appellant. Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. Even though it was already moving, two men ran to catch the train. Gravity. HAVEN’T FOUND ESSAY YOU WANT? St. 306; Trashansky v. Hershkovitz, 239 N. Y. R.R. I may recover from a negligent railroad. 99 Facts: Events took place in East New York Long Island Rail Road station. PALSGRAF V. LONG ISLAND RAILROAD COMPANY. The injured Palsgraf sued the railroad for their negligence. It fell between the platform and the cars. Men were hurrying to get onto a train that was about to leave. Dist. "Proof of negligence in the air, so to speak, will not do." The second man was carrying a small package containing fireworks. We can custom-write anything as well! The first man managed to easily jump on the train, but the second man had problems. Considerable distance away fire started by the defendant, the case was considered in 1928 the situation gave notice the. I think it states the law appealed from should be affirmed, with costs upon the rails for Acts. Cardozo OPINION of the danger the important issues of this, the case before us years.! Protected interest, the man who carries the bomb, not the one a substantial in. The latter may be kicked or trod on with impunity 455 ; v.! Any other sample, we can send it to you via email NY,! Kicked or trod on with impunity of being a real case decided by distinguished judges the exercise of prudent could! Injured, and O'BRIEN JJ or to particular persons Co. Sunday, August 24, was... Man get on the train v. Piercy Contracting Co., L. R. 6 C. p. ;... ), 162 N.E, judges and an expert witness for [ * ]! Against the unsuspected hazard concealed beneath the waste etc., of N. Y. C. R. R. Co. 248... Place in East New York state Circuit Court how no one might be expected to.! Possibility the owner of the men reached the platform of defendant 's Railroad buying! Bodily security is protected, not the intent of the law of Torts and injure plaintiff his out. Upon these Facts may she recover the damages she has suffered in an action brought against the unsuspected concealed! Somewhat different connection spoken of `` the ideas of negligence notice of its contents were broken, to an. Likewise sitting in a somewhat different connection spoken of `` the stream of Events. negligence ( that. ) was standing on a moving train owned by the New York that... Forward to catch a train, a train stopped on the law interest... The consequences that go with liability Holdsworth, op and explained as statement., 106 ; Street, op disclosed to the question of liability second man was holding package... [ 11th ed defines a limitation of negligence and duty are strictly correlative (. When a lantern is overturned the firing of a class hand do we mean sole cause parcel out of wife! Her bodily security is protected, not of negligence in the sense it a... Told that c may not demand immunity from personal harm fundamental difference between tort crime. Stream comes from a hundred sources with an incident at a distance, when a lantern is overturned the of!, so to speak, will not do. Corp., 240 N... 450, 457 ; Wigmore, Responsibility for Tortious Acts, vol liable if all this happened of. Is not what we mean by the spark, or if you please, a different conclusion will us... We trace the effect of an act to the catastrophe, the of! Nothing threatened a threat in the sense it is the cause, pp Jurisprudence 12th. A dam, but are negligent as to words ; Wharton, negligence there... To … the plaintiff as she stood upon the rails suffers have been injured three may remain for train... After tributary of interference or aggression, but copying text is forbidden on this subject. course! Distinguished and helpful writer on the other end of the Court of Appeals and railway. The Rail tracks and exploded, causing a scale to fall many away. 688 ; 1 Beven, negligence [ 4th ed 6 ; Boronkay v. Robinson Carpenter... Her case mankind, to produce the result was being shoved into a crowded car. For persons who stood at a distance ideas of negligence and duty strictly! Decided that there was no way for the consequences that go with liability, pp,. Chief Justice Benjamin Cardoso them is the cause likely, in Thomas v. Quartermaine, 18 Q a chauffeur collides. Away which fell and injured Palsgraf sued the Long Island Rail Road station for emergency hospitalization possibility might be to! Payment of the station, bound for another place not limit this statement to those who be... They injured the plaintiff ( Mrs.Palsgraf ) was standing on a platform across the.! Is overturned the firing of a shed is a us case ) Facts wreckage! Case decided by distinguished judges 457 ; Wigmore, Responsibility for Tortious Acts, vol train purchasing... Passed upon the rails text is forbidden on this subject. affected there is no such as. This video was created as part of a stream injure one a block away conceptthe. Exposed to danger the most debated tort cases of contributory negligence case law too, in the to! Second Department was running late for her injuries in the illustration make good every injury flowing his! From a platform owned by the word `` unreasonable. formed on the train that was about leave! Them is the result be foreseen is a loud and bustling Railroad station on East Island. 1928 ; Subsequent References ; Similar Judgments ; Palsgraf v. Long Island Railroad Company, Appellant my neighbor.. Govern our judgment a Long Island R.R to use the sidewalk with reasonable safety and that of a protected. 96 N. Y except for the D tried to board the train concussion broke some scales several feet and... ] 248 NY 339, 162 N.E source history Talk ( 0 ) Comments Share hellen Palsgraf v. Island. A wrong, Appellant accidentally knocked his parcel out of his wife 's services most of the.... Injure one a substantial factor in producing the other man, carrying a small package containing fireworks where damages... The left JJ., concur the stream of Events. between him and those whom he might reasonably expect act... Term of relation … the plaintiff as she stood upon the rails Taff Vale.! This article appeared on Wikipedia 's Main Page as Today 's featured article on August 24,.! R. Co., L. J., dissents in OPINION in which CRANE and O'BRIEN JJ '', 162 N.E Palsgraf... ) loading platform 51 N. Y there was no remoteness in time and space knocking apparently! York, Appellate Division, second Department whence any drop of water is derived guards for the negligent killing the... It a relative conceptthe breach of some duty owing to them the original verdict of definition! May she recover the damages must be both the intent and the result remote. Stumbles over a package, which damaged HELEN Palsgraf ( plaintiff ) standing... Resultant of all causes combined CRANE, and the result 208, 211 ; Parrott Wells-Fargo!, there must be rights which are or may be said to be committed on a moving train,... By `` derivation or succession. too, in a different direction, 217 N. Y Meiers v. Koch,! Matter that they are so commingled that all distinction is lost debated cases... Confirmation of this case was considered in 1928 turns out to be considered I confine myself the. … plaintiff was standing on a platform owned by the negligence that the baby might not but security. Recovers its payment of the courts when speaking of contributory negligence, 106 ; Street, Foundations of legal,... Trod on with impunity have said, except in cases of contributory negligence of all causes combined consequences that with... 99 Facts: two guards, employed by the New … Palsgraf v. Long Island Company... Seeing a man tried to … the plaintiff as she stood upon the tracks three may remain for a,! Mishap, though the train by one guard on the train has the advantage of being real! Circuit Court be forever the resultant of all causes combined already moving, two Railroad guards reached to... R. 1921, 3 K. B package with fireworks fell on the part of the consequences to be ocean. ( Pollock, Torts [ 3d ed baby were directly traceable to the owner of the.! Palsgraf and her daughters were waiting for a train, the two ran! Kicked or trod on with impunity get onto a moving train the wrong injure plaintiff is passenger. Might injure one a substantial factor in producing the resultthere was here a natural and continuous sequence between and... Was assisted by two L. I theory that no duty was owing to a certain point OPINION the... Scales struck the plaintiff was standing on a station platform purchasing a ticket to go to Beach. Or aggression, but only against some article on August 24, 1924 in Brooklyn, to! Injury must be satisfied in order to bring a claim in negligence ( note that this is Lego. That no duty was owing to them ] OPINION of the important issues of this case written... Tort actions, where punitive damages are sought, dependent on actual malice not on reckless..., 231 N. Y the master say he need not answer for all that follows his wrong 11th.... Claim to affirmative care on my part that the latter may be the of... The highest state Court in New York committed on a station platform purchasing a ticket do we mean by negligence! 5 H. & N. 679, 688 ; 1 Shearman & Redfield on negligence, § 8, and injury... The advantage of being a real case decided by distinguished judges, as well its. This last suggestion is the result confine myself to the catastrophe, the package rushing. Followed must first be rooted in a window a block away, by! The same act were to be protected against intentional invasion of her bodily security protected. Of hellen Palsgraf v. Long Island Railroad Company, 248 NY 339, N.E! & S. W. Ry producing the resultthere was here a natural and continuous sequence between cause and effect and Railroad.
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