CH7 - Yulong Zhang CH7 Brief Case 7.2 Palsgraf v Long Island Railroad Co Facts The Plaintiff Helen Palsgraf was waiting for a train on a satiation

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Yulong Zhang CH7: Brief Case 7.2 Palsgraf v. Long Island Railroad Co. Facts: The Plaintiff, Helen Palsgraf, was waiting for a train on a satiation platform. A man carrying a package was catching a moving train. A railroad guard on the train reached forward to grab him, while another guard pushed him from behind. The man’s package with no indicates of its contents fell on the tracks which contains fireworks that caused explosion. Palsgraf was injured by the explosion. Plsgraf filed a lawsuit against Long Island Railroad Co. for the railroad guards had been negligent in their conduct. Palsgraf won the trial. The company chose to appeal. Issue: Did the railroad guards’ negligence caused plaintiff’s injuries? Rule: Palsgraf’s complaint was dismissed. The railroad had not been negligent toward her because injury to her was not foreseeable. Vocabulary Assumption of risk- A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger.
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This document was uploaded on 01/13/2012.

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