Business Law Brief Sample

1)Citation Palsgraf v. Long Island R. Co 248 N.Y. 339, 162 N.E. 99 (1928) court of law of law of Appeals of New York 2)Key f twists a.The plaintiff, Helen Palsgraf, was delay for a train on a station platform. b.A man carrying a piece of land was rushing to catch a train that was mournful away from a platform crosswise the tracks from Palsgraf. c.As the man attempted to jump aboard the moving train, he seemed unsteady and about to fall. d.A force contain on the car reached forward to grab him and an separate safeguard on the platform pushed him from behind to help him board the train. In this act, the mans bundle was dislodged and fell upon the railroad tracks. e.The package was of small size, about fifteen inches long, and was wrapped in newspaper. f.The package contained fireworks and exploded when it fell upon the railroad tracks. g.The explosion caused scales at the other end of the platform to fall on Palsgraf, causing injuries for which she sued the railroad company. h.The Trial Term ruled that Long Island railway corporation had been negligent in their conduct. The railroad company appealed and the Appellate breakdown affirmed the Trial Terms judgment. Long Island stun Company then appealed to the romance of Appeals of New York. 3)Issue Does Long Island Railroad Company owe a duty to Palsgraf?

4)Holding No. The Court of Appeals of New York reversed the trial court and appellate court judgment and held that the railroad guards duty of fretfulness cover ups to those who may be injured as a upshot of a foreseeable risk but does not extend to persons whose injuries could not reasonably be foreseen. 5)Courts Reasoning The Court of Appeals of New York held that: a.If the harm was not froward or intentional, it must be shown that the act had possibilities of apparent danger. Since the harm to Palsgraf was not willful on the part of Long Island Railroad Company, it had to be shown that the act of dropping a package had the apparent possibility of danger. on that point was... If you want to get a full essay, order it on our website: Ordercustompaper.com

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