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Palsgraf V. Long Island Railroad Palsgraf v. Long Island Rail is one of the most influential court cases of the 19th century. The case tested the rules of negligence. The case was first heard in a jury court and the jury sided with the plantiff. The case was then brought to the Court of Appeals of New York, There the Appelate division was divided. The case was argued on Febuary 24, 1928, in the Courts of Appeal of New York. The dividing Appelant was Pound, Lehman, Kellogg, who concurred with Justice Cardozo. Craine, O’Brien concurred with Andrews. The case concerned an intending passenger who stood on the platform at the station waiting for her train’s arrival. During this time another passenger bound for a different train rushed to board his train that was already in motion. The man was carrying a small package covered by a newspaper as he was attempting to board the moving train. The man as he was attempting to catch the train became seemingly unsteady as if he was about to fall. A guard of the car reached forward to help the man in and another guard on the platform pushed him from behind. During this time the package was dislodged and fell upon the rails. The package actually contained fireworks ( there was nothing in the appearance that gave notice of its contents.) The package exploded when it hit the rails, and caused several scales to fall at the other end of the platform several feet away. The scales struck the plaintiff, causing injuries for which she sued (www.courts.stateny.com) Justice Cardozzo represented the majority opinnon. He stated that “ the conduct of the guard, if a wrong in its relation to the holder of the package, was not a wrong in its relation to the plaintiff, standing far away.” Relatively to her it was not negligence at all (www.Courts.Stateny.com). There was nothing in the situation that gave notice to the falling package. No one knew that the content of the package would result in a peril situation.
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