Palsgraf v. Long Island R.R. Co.
Court of Appeals of New York, 1928
248 N.Y.339, 162 N.E. 99
Court: Supreme Court of the United States
Judicial History: Appeal from a judgment of the Appellate Division of the Supreme Court in the
1. Tort: A tort is a wrongful or illegal act.
2. Assault: Threatening or attempting to inflict offensive physical or bodily harm that one has the
present ability to inflict and that puts the victim in fear of such harm or contact.
Development of Negligence:
1. Look at if Ds action and if P was injured b/c of that action Yes/No
2. If yes P was injured b/c of Ds actions, look to see if Ds action was lawful
3. If action was lawful and unintentional look to see if D h
by Edward J. Kionka
Professor of Law Emeritus
Southern Illinois University at Carbondale
Thomson/West have created this publication to provide you with accurate and authoritative
Al, Bob, Carl, and Dolly were coworkers at Zco. Al, Bob, and Carl did not like Dolly and wanted
her fired from Zco.
On Monday, all employees of Zco were required to attend a mandatory meeting. Prior to the
meeting, Al entered Dollys office and
1. As to the stopping of the skateboard, for which of the following intentional torts is Carl most
C. False imprisonment
D. Infliction of emotional distress
2. If Frank sues Dave for battery he will: