Skill Exercise 3.docx - Hernandez 1 Laurel Hernandez LGST 312 7 September 2017 Skill Exercise 3 Case Palsgraf v Long Island R Co 248 N.Y 339(N.Y 1928

Skill Exercise 3.docx - Hernandez 1 Laurel Hernandez LGST...

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Hernandez 1 Laurel Hernandez LGST 312 7 September 2017 Skill Exercise 3 Case: Palsgraf v. Long Island R. Co ., 248 N.Y. 339 (N.Y. 1928) Facts: Plaintiff, Palsgraf was standing on a railway platform while two men attempted to board a train. One of the men was carrying a package containing fireworks. The package was small and covered in newspaper. Nothing about its appearance would give away its contents. As the man with the package jumped aboard the train he lost his balance. Two guards tried to assist him and in the process caused the package to dislodge from his arms and fall onto the tracks. When the fireworks hit the tracks, it caused an explosion in which scales dislodged injuring the plaintiff. The plaintiff sues the railroad company. Both the trial court and the intermediate appellate court awarded judgment to the plaintiff. The defendant appeals. The New York Court of Appeals reverses the judgment. Issues: Whether the defendant should be held liable for negligence and resultant injury for actions that cannot be reasonably foreseen. Rule: Negligence is the failure, on the part of the person causing the injury, to use the reasonable amount of care that is required in a particular situation. “A person who causes injury to another is not liable if the type of harm does not foreseeably flow from the negligent act (Tikriti, 2017).” Analysis:
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