Question

1. Are all the other elements of a negligence tort satisfied in this case?
2. Who else might have sued the Long Island Railroad? Who else might Palsgraf have sued? For what?

Palsgraf was waiting on a platform for a train when a different train arrived on a platform 100 yards away. When the train began to depart, two commuters attempted to board the moving car and a package one of the passengers was carrying became dislodged when the conductor pulled him onboard. The package, which turned out to be fireworks, fell to the platform and exploded sending a shock with sufficient force so that large iron scales hanging over Palsgraf fell on her resulting in severe injury. Palsgraf sued the Long Island Railroad for the conductor’s negligent conduct of pulling the commuter onto the train that eventually caused the explosion and her injury.



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  • CreatedNovember 06, 2014
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