Decided May 29, 1928. Co. [*340] OPINION OF THE COURT. Be sure to take your time deciphering this, as Judge Cardozo has a … 1253 (N.Y. 1928) Brief Fact Summary. Supreme Court of New York, Appellate Division, Second Department. Helen Palsgraf, Respondent, v.The Long Island Railroad Company, Appellant Facts A passenger carrying a package, while hurrying to catch and board a moving Long Island Rail Road train, appeared to two of the railroad's (Defendant's) employees to be falling. Helen Palsgraf v. The Long Island Railroad Company NOTE: This is a landmark case which came done in 1928. We may regret that the line was drawn just where it was, but drawn somewhere it had to be. As a security officer helped one of the men get on board, the man dropped his package. The employees did not know what was in the package. The Long Island Railroad The package wrapped in a newspaper contained fireworks which exploded and which struck the plaintiff, causing injuries (Palsgraf v. StudentShare Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. CO Court of Appeals of the State of New York. Co. (Defendant), caused a man to drop a package of fireworks upon the tracks. December 9, 1927. The majority and dissenting opinions in Palsgraf v. Long Island Railroad1 parallel the events giving rise to the case – a series of bizarre twists so curious and mesmerizing that one has trouble averting one’s gaze. CITE TITLE AS: Palsgraf v Long Is. R.R. ¶. Palsgraf v. Long Island R.R. What really happened to Mrs. Palsgraf of the 1928 New York state case of Palsgraf v.Long Island R. R.?Mrs. PALSGRAF V. LONG ISLAND RAILROAD COMPANY, 248 NY 339, 162 N.E. Palsgraf lost the law suit and apparently walked away with nothing, but lawyers have been making money debating the case and writing about it for over seventy years. Written by Justice Cardozo, the Palsgraf opinion set the standard for At trial and first appeal Palsgraf was suc… The man was holding a package, which he dropped. Brief. One man was carrying a nondescript package. Yet there is no denying the fame of the case. As the train was already moving, the man jumped onboard but, lost his balance. The employees were guards, one of whom was located on the car, the other of whom was located on the platform. Palsgraf v. Long Island R. Co. Posted on September 4, 2018 | Torts | Tags case briefs, Torts Case Briefs. Mrs. Palsgraf was a patron of the Long Island Railroad Company.5 Tickets in hand, she had mounted a train platform with her daughters and stood awaiting a local train to Rockaway Beach.6 An explosion occurred at the other end of the platform-"many feet away." Co. COA NY - 1928 Facts: P bought a ticket on D's train and was waiting to board the train. A whistle blows, an engine begins to gather steam, and the … Issues 1. The shock of the explosion caused scales at the other end of the platform many feet away to fall, striking and injuring Palsgraf. Poor Mrs. Palsgraf was injured by a falling set of scales, the result of a box of fireworks that fell onto the railroad tracks and exploded. The package was full of fireworks and exploded, causing a scale to fall many feet away and injure plaintiff. CITE TITLE AS: Palsgraf v Long Is. The scene is a loud and bustling railroad station on East Long Island almost one hundred years ago. Co. Railroads Injuries to passengers ---Action for injuries suffered by plaintiff while she was awaiting train It discusses negligence as a concept and the necessary elements which must be established for liability to ensue. A man was getting on to a moving train owned by the Long Island Railroad Company. C = Palsgraf's complaint was dismissed. The case began in 1927 with an incident at a Long Island Railroad (LIRR) loading platform. 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