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Unformatted text preview: Issue: Is the Long Island Railroad Company responsible for the plaintiffs injuries even though the guards were unaware of what the unknown package contained? Holding: No, case was dismissed in the Court of Appeals of New York Reasoning: The outcome would have been very different if the man that was pushed was harmed and he had in fact filed the suit, but there was no negligence towards the plaintiff. There were no violation of the plaintiffs rights and the guard did not know what the package contained and he also did not purposefully and knowingly throw the package on the ground. No hazard was present during the moments before the explosion. The court applied the direct consequence test and decided that the guards were liable for the proximate consequences (pushing the man) but not liable for the domino effect type consequences. This is because there was no foreseeable risk of injury....
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This note was uploaded on 02/06/2012 for the course BLAW 210 taught by Professor Mumford during the Spring '08 term at Washington State University .
- Spring '08