- Palsgraf v. Long Island Railroad is decided. Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help him in, and another guard on the platform pushed him from behind. In this act, the package was dislodged, and fell upon the rails. It was a package of small size, about fifteen inches long, and was covered by a newspaper. In fact it contained fireworks, but there was nothing in its appearance to give notice of its contents. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck the plaintiff, causing injuries for which she sues. The Court ruled that one who seeks redress at law does not make out a cause of action by showing without more that there has been damage to his person. If the harm was not willful, he must show that the act as to him had possibilities of danger so many and apparent as to entitle him to be protected against the doing of it though the harm was unintended. 248 NY 339 (1928).
Masters Law Group litigates civil appeals in every state and federal appellate court in Washington State. Mr. Masters was an appellate court clerk, Ms. Lemmel was a judicial extern in both state and federal courts, and Ms. Masters (Of Counsel) clerked for three appellate court judges. Our combined 50+ years of appellate experience – on both sides of the bench – enables us to guide you safely, efficiently, and intelligently through the appellate process.
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