Brief 3 - Kelsey Jans FRL 201 Palsgraf V Long Island...

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Kelsey Jans 1/28/08 FRL 201 Palsgraf V. Long Island Railroad Co. Brief #3: 7.2 p.144 In the case Palsgraf V. Long Island Railroad Co., the court has to decide whether the defendants duty of care extend only to those who may be injured as a result of foreseeable risk, or does the duty of care also extend to persons whose injuries could not be foreseen. This case measured the extent of the duty of care. Helen Palsgraf was waiting at the train station when a man carrying a package attempted to board a train which was moving away from a platform across the tracks from where Helen Palsgraf was located. A railroad guard thought this man looked unsteady as he was trying to board the train and tried to help the man. Another railroad guard which was on the platform wanted to help as well by pushing the man from behind. The package that the man was carrying contained fireworks and had exploded. This explosion caused scales on the other end of the platform to fall on Palsgraf. The explosion caused injuries to Palsgraf and she sued the railroad company for her injuries. The case was taken to court and the plaintiff as well as the jury argued that the
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This note was uploaded on 03/11/2008 for the course FRL 201 taught by Professor Lundsford during the Spring '08 term at Cal Poly Pomona.

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