Legal Opinion · Dissent

Palsgraf v. Long Island R.R. Co.

New York Court of Appeals

Decided May 29, 1928Published

1DissentAndrews, J.

Assisting a passenger to board a train, the defendant’s servant negligently knocked a package from his arms. It fell between the platform and the cars. Of its contents the servant knew and could know nothing. A violent explosion followed. The concussion broke some scales standing a considerable distance away. In falling they injured the plaintiff, an intending passenger.

Upon these facts may she recover the damages she has suffered in an action brought against the master? The result we shall reach depends upon our theory as to the nature of negligence. Is it a relative concept — the breach of…

2Cases cited12 opinions

  1. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  2. Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
  3. Drobner v. . PetersNew York Court of Appeals · 1921
  4. Hover v. BarkhoofCommission of Appeals · 1870
  5. Perry v. . Rochester Lime Co.New York Court of Appeals · 1916

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