248 NY 339
HELEN PALSGRAF, Respondent,
The LONG ISLAND RAILROAD COMPANY, Appellant.
Negligence — Railroads — Passengers — Package carried by passenger,
dislodged while guards were helping him board train, and which falling to
track exploded — Plaintiff, an intending passenger standing on platform
many feet away, injured as result of explosion — Complaint in action
against railroad to recover for injuries dismissed.
A man carrying a package jumped aboard a car of a moving train and, seeming
unsteady as if about to fall, a guard on the car reached forward to help him in
and another guard on the platform pushed him from behind, during which the
package was dislodged and falling upon the rails exploded, causing injuries to
plaintiff, an intending passenger, who stood on the platform many feet away.
There was nothing in the appearance of the package to give notice that it
contained explosives. In an action by the intending passenger against the
railroad company to recover for such injuries, the complaint should be
dismissed. Negligence is not actionable unless it involves the invasion of a
legally protected interest, the violation of a right, and the conduct of the
defendant's guards, if a wrong in relation to the holder of the package, was not
a wrong in its relation to the plaintiff standing many feet away.
Palsgraf v. Long Island R. R. Co.,
222 App. Div. 166, reversed.
(Argued February 24, 1928; decided May 29, 1928.)
APPEAL from a judgment of the Appellate Division of the Supreme Court in
the second judicial department,
entered December 16, 1927, affirming a
judgment in favor of plaintiff entered upon a verdict.
Joseph F. Keany
for appellant. Plaintiff failed to
establish that her injuries were caused by negligence of the defendant and it
was error for the court to deny the defendant's motion to dismiss the complaint.
(Paul v. Cons. Fireworks Co.,
212 N. Y. 117;
Hall v. N. Y. Tel. Co.,
214 N. Y.
Perry v. Rochester Lime Co.,
219 N. Y. 60;
Pyne v. Cazenozia Canning
220 N. Y. 126;
Adams v. Bullock,
227 N. Y. 208;
McKinney v. N. Y. Cons.
R. R. Co.,
230 N. Y. 194;
Palsey v. Waldorf Astoria, Inc.,
220 App. Div. 613;
Parrott v. Wells Fargo & Co.,
15 Wall. 524;
A., T. & S. Fe Ry. Co. v. Calhoun,