Palsgraf v. Long Island R.R. Co.
- Decided
- May 29, 1928
- Status
- Published
- Jurisdiction
- New York
Cited 2,498 timesNo negative treatment found in this library
What later courts said
- holding that foreseeability is a factor in determining duty and stating that "the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty" — Ernest Quiroz Et Ux v. Alcoa Inc (2018)
- stating that a person only has a duty to prevent harm resulting from risks that “reasonable vigilance” could perceive — Scott Kukesh & a. v. Beverly P. Mutrie, Individually and as Trustee of the Beverly P. Mutrie Revocable Trust (2015)
- stating that “[t]he risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension” — Garcia v. Cross (2000)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Cardozo, Ch. J.
Plaintiff was standing on a platform of defendant’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men .reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help [*341] him in, and another guard on the platform pushed him from behind. In this act, the package was dislodged, and fell upon the rails. It was a package of small size, about fifteen inches long, and was covered by a newspaper.
In fact it contained fireworks, but there was nothing in its appearance to give notice of its contents. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck the plaintiff, causing injuries for which she sues.
Cite this
Palsgraf v. Long Island R.R. Co., 162 N.E. 99 (1928)Read the full opinion
Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.