This topic is about negligence. We will begin by examining the case of Palsgraf v. Long Island Railroad Co, on page 297 of the textbook. The issue in that case was whether conduct of the defendant, the Railroad Co, was a wrongin its relation to the plaintiff, Helen Palsgraf. Another way to state this issue is whether the defendant’s conduct was the proximate cause of the defendant’s injury. Begin your response by identifying the conclusion reached by the Court of Appeals of New York. Then, summarize the Court’s rationale; explain how the Court used the facts and the principle of foreseeability to decide the issue of negligence. Finally, identify the consequences and implications. For consequences, consider how these parties are impacted by this decision – what happens next in this case? For implications, consider what other similarly situated parties can learn from this; what message does this send to businesses who might have patrons injured on their premises? Sometimes it contributes to your appreciation of implications if you consider the implications of the alternative conclusion. See the sentence that begins with “To rule otherwise…”
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