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Palsgraf v. The Long Island Railroad - Essay Example

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Most courts still apply Cardozo’s point of view regarding causation (Beatty & Samuelson, 154). In this case, the Court through Justice Cardozo ruled essentially that the defendant guard’s conduct in helping one of the passengers board the train whose package fell, “was not a wrong in its relation to the plaintiff, standing far away” (Palsgraf v. the Long Island Railroad). The package wrapped in a newspaper contained fireworks which exploded and which struck the plaintiff, causing injuries (Palsgraf v. the Long Island Railroad). Cardozo in its decision ruled that such an act in relation to the plaintiff was not negligence (Palsgraf v. the Long Island Railroad). The court explained that “nothing in the situation gave notice that the falling package had in it the potency of peril to persons thus removed” (Palsgraf v. the Long Island Railroad). The court stressed that “negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right” (Palsgraf v. the Long Island Railroad). In the instant case, it was not proved that defendant’s conduct actually caused the injury and that the harm caused was foreseeable (Beatty & Samuelson, 153-154). Plaintiff was unable to show that there was a violation of her own right in the act of the defendant guard in helping the passenger board the train (Palsgraf v. the Long Island Railroad).

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Palsgraf v. The Long Island Railroad
The package wrapped in a newspaper contained fireworks which exploded and which struck the plaintiff, causing injuries (Palsgraf v. the Long Island Railroad). Cardozo in its decision ruled that such an act in relation to the plaintiff was not negligence (Palsgraf v. the Long Island Railroad)…
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