Hicks v. Nunnery

¶ 77. DYKMAN, J.

(dissenting). It started with Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (1928), a case read by every first-year law student.1 Palsgraf is one of those cases that bring an issue into sharp focus. Everyone knows of Mrs. Palsgraf, who was standing at a distance from where a passenger, assisted by two employees of the railroad, was boarding a train. Id. at 99. The employee accidentally knocked a package from the passenger's hand. Id. The package, which turned out to contain fireworks, fell to the tracks below and exploded. Id. The explosion knocked over some scales, which…