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To: CedarDave; All
No.

One of the most famous tort/negligence/proximate cause cases of all time - that any lawyer or law student knows by name - is Palsgraf. I had to cheat and look up the cite: Palsgraf v. Long Island Railroad Co. , 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928.

Without going into specifics (and if I remember correctly), a man carrying a package was running to catch a train, and the worker from the train reached out to give him a hand. The man dropped the package. It contained fireworks. Sparks from the train wheels ignited a firework. It struck a scale on the platform, knocking it over, and a bystander was seriously injured or killed by the falling scale.

Was the railroad liable?

Yeah. That Palsgraf Benjamin Cardozo wrote the opinion. Yeah. *That* Benjamin Cardozo. Should your employee have known that trying to help the man may cause him to drop the package that might contain fireworks that may ignite, which might knock over a scale, which could injure someone?

And now we have this?

The law comes full circle.

And you can even buy a Palsgraf t-shirt for your favorite attorney or law student, in several choices of color, with this design:


22 posted on 12/29/2011 12:10:14 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: Scoutmaster
Wait. It wasn't 'should have known,' but 'was helping the man aboard the proximate cause of Mrs. Palsgraf's injuries?" if I remember correctly.

It's been a while, but this is one of the key cases you'll have in law school regarding negligence.

I suspect it didn't matter to Mrs. Palsgraf whether it was fireworks or body parts.

25 posted on 12/29/2011 12:12:55 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: Scoutmaster
Was the railroad liable?

Yes or no? Your post is not clear.

26 posted on 12/29/2011 12:13:39 PM PST by CedarDave
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To: Scoutmaster

Eh. You take your time to craft a post and all of these other smarties are faster with the button. Sorry to over-Palsgraf everybody. There weren’t any Palsgrafian comments when I started writing. But was it foreseeable that somebody would beat me to the punch? Perhaps we should apply the reasoning in Palsgraf . . .


34 posted on 12/29/2011 1:12:09 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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To: Scoutmaster

lulz


39 posted on 12/29/2011 2:28:16 PM PST by martin_fierro (< |:)~)
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