1. PALSGRAF

2. V.

3. LONG ISLAND RAILROAD CO

4. PALSGRAF V. LONG ISLAND RAILROAD CO
248 N.Y. 339, 162 N.E.99 (N.Y. 1928)

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165. Ms Palsgraf
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Ms Palsgraf

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Ms Palsgraf

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Ms Palsgraf

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239. BOOM

240. FACTS
A passenger was running to get onto a train which was leaving the station. He was carrying a package wrapped in newspaper. Two railroad employee’s saw the passenger and thought he was falling. One of the employee’s was in the railroad car, and attempted to pull the passenger onto the train and the other was on the platform, and attempted to push the passenger into the train. Upon the employee’s actions, the package the passenger was carrying was dropped onto the rails and exploded. No one knew that there were fireworks inside the package due to the wrapping. The shock of the blast may have knocked down scales at the other end of the platform where Ms. Palsgraf was standing.

241. ISSUE
Were the actions of the guards negligent against Ms. Palsgraf whom was distant from the explosion?

242. RULE
Negligence is the omission to do something which a reasonable person would do. Or doing something which a prudent and reasonable person would not do.
Proximate Cause is the result of a direct action and cause of loss to property that sets in motion a chain of events that is unbroken and causes damage, injury and destruction with no other interference. The loss is the result of one event.

243. ANALYSIS
The relationship in which the guards were assisting a passenger when the package the passenger was carrying was dropped and exploded was to distant from Ms. Palsgraf’s injury to make the guards liable. Proximate cause of the injuries were the explosion, however it was the result of the package being dropped because of the pushing and pulling of the guards. Due to the guard doing what a reasonable person would do assisting a passenger, there was no way for the guards to know what was in the package. Therefore, the proximate cause was to distant for the injuries of Ms. Palsgraf to be caused by the guards.

244. CONCLUSION
Long Island Railroad could not be held liable for an injury that could not be reasonably foreseen.