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Essay / Research Paper Abstract
A 3 page research paper that offers a case summary for Palsgraf v. The Long Island Railroad (1928). The facts of the case, history and issues are given and the rationale of the court in deciding for the defendant is discussed. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: D0_khpvllrr.rtf
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Unformatted sample text from the term paper:
having bought a ticket for Rockaway Beach, was standing on the platform, waiting for her train. A train bound for a different location was boarding and two men ran to
catch it as it was pulling out. One of these men managed to board the train successfully, but the other man, who was carrying a package, jumped, and teetered, looking
unsteady. A guard, a railroad company employee, who was holding the door open for him, reached out to help, while another guard, who was on the platform, gave the man
a push. This push caused the mans package to fall and it hit the fails. The package was small, roughly fifteen inches in length and covered in newspaper. It
contained fireworks, but there was nothing about the package to suggest that it contained an explosive. It exploded. This caused some scales at the end of the platform where the
plaintiff was standing to dislodge and they struck the plaintiff, causing injuries, which led to her to sue the railroad company for damages. History of the case: In the
trial court, the jury found in favor of the plaintiff, but the defendant appealed. The New York Court of Appeals reversed this judgment (Pfeifer, 1997). Issue before the Court
of Appeals: Whether or not the defendant, the Long island Railroad, should held negligent as a proximate cause in regards to the plaintiffs injuries. Ruling: No, the Court of
Appeals of the State of New York reversed the decision with Judge Andrews dissenting. Analysis: This case provides an important precedent in tort cases, as it laid for the
"foundation of much negligence law" (Pfeifer, 1997). In his majority opinion, Judge Cardozo writes, "The conduct of the defendants guard, if wrong in its relation to the holder of the
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