in palsgraf v. long island railroad, mrs.palsgraf was standing on a train platform, when a man carrying a packagerushed to board a moving train owned by the long island railroad. twotrain employees pushed and pulled the man onto the train, causing the package, whichwas filled with fireworks, to fall onto the tracks. the rear wheels of the train ran overthe package, causing it to explode. the explosion
Brown .Vs. Board Of Education, caused a scaleon the platform to fall onto and injure mrs. palsgraf. mrs. palsgraf sued the long island railroad, arguing that, had it not been for the railroad employees pushing the manwith the package, the package would have never
fallen and exploded and the scale would havenever fallen onto her. palsgraf wins at the trial and appellate levels,and the railroad appeals to ny’s highest court, the court of appeals of new york. justice cardozo, who would later become au.s. supreme court justice, writes for the majority and holds that the railroad is notliable for palsgraf’s injuries, because her injuries were not a reasonably foreseeableconsequence of the railroad’s negligence. this idea that a duty of care is only owedto reasonably foreseeable plaintiffs has since come to be known as the zone-of-danger test.here, the package didn’t appear to be dangerous, so it was not reasonably foreseeable by therailroad employees that their actions would
lead to palsgraf’s injuries. justice andrews, writing for the dissent,says that a duty to one is a duty to all, meaning that if the injury can be traced tothe wrongful act, with no intervening events, then this is sufficient to establish liability.palsgraf would not have been injured but for the railroad employee negligently pushingthe passenger, causing him to drop the package. the palsgraf case is a landmark case in tortlaw. it helped establish the idea of proximate cause as a limit on the scope of tort liability.proximate cause means that you can only hold a defendant liable for harm that is a reasonablyforeseeable result of the defendant’s wrongful act.
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