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Legal Environment of Business

by: Marianne Moore

Legal Environment of Business BLAW 3400

Marianne Moore
GPA 3.78

Kevin Long

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About this Document

Kevin Long
Class Notes
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This 1 page Class Notes was uploaded by Marianne Moore on Wednesday September 23, 2015. The Class Notes belongs to BLAW 3400 at Middle Tennessee State University taught by Kevin Long in Fall. Since its upload, it has received 30 views. For similar materials see /class/213015/blaw-3400-middle-tennessee-state-university in Business Law at Middle Tennessee State University.


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Date Created: 09/23/15
PALSGRAF v LONG ISLAND R CO Court of Appeals ofNew York 1928 248 NY 339 162 NE 99 FACTS In an effort to catch a train as it was leaving the Long Island Railroad Company s defendant station platform two men attempted to jump aboard its moving cars One man was successful but the other appeared to be losing his balance and he was therefore assisted by two station guards one from up in the car and the other from down on the platform During the attempt to steady the man an unmarked and insignificantlooking package was accidentally released from its owners grip and fell onto the tracks Unbeknownst to the guards the package contained explosive fireworks which detonated soon after impact with the rails The resulting shockwave displaced several scales at a distant portion of the platform one of which struck the plaintiff Helen Palsgraf causing the injuries to her person for which she sued The trial and appellate courts each issued judgments in the plaintiff39s favor respectively The defendant appealed to the Court of Appeals of New York 7 the state39s highest court ISSUE Did the act of allowing the package to fall which then inadvertently caused bodily harm constitute negligence even if the contents of the package were unknown by a majority of the parties involved DECISION No The Court of Appeals of New York reversed the decisions of the lower courts and denied reargument The complaint was dismissed by the court with costs in all courts REASON The court concluded first that even if the actions of the guards constituted a wrong against the owner of the package those same actions did not constitute a wrong against the plaintiff because she was far removed The court also found that negligence could not be assigned to the defendant because there was no reasonable indicators to alert the guards as to the potentially dangerous contents of the package in the handlers possession Thus the consequence of the package exploding after falling and the resulting injury to the plaintiff could not have been reasonably assumed averted or avoided Bodily security was not protected in this case because the harm was neither willful nor overtly obvious as a possibility If the package had been appropriately marked the defendant may have been able to make claims of unintentional harm through negligence however this was not the case


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