‘Forgotten Legal History: The Story Behind Palsgraf v Long Island Railroad Co’

“The first paragraph of Palsgraf v Long Island Railroad Co, 162 NE 99 (NY 1928), reads like the opening scene of an action movie: a last minute passenger jumps aboard a moving train and almost falls, but is saved when a guard shoves him aboard, A mysterious package wrapped in newspaper falls on the tracks and explodes. And somewhere in the distance a woman is hit by falling scales. Lawyers can recite the facts of the landmark Palsgraf case no matter how long ago they graduated from law school, but the bare-bones facts in Benjamin Cardozo’s majority opinion don’t tell the whole story …” (more)

[Susan Healy, The Florida Bar, 27 January]

First posted 2022-02-17 09:00:16

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