A woman purchased a ticket to travel to Rockaway Beach on the Long Island Railroad (LIRR). She was standing on the platform on the LIRR's East New York station near an old, cast iron scale when two men ran to catch another train. One of the men made it onto the train, but the other man, who was carrying a package, was unsteady as the train was about to pull out of the station. The LIRR conductor pulled him up, while the LIRR platform guard pushed him in the train, but in the process, the passenger dropped the package. It contained fireworks and exploded! The concussion from the explosion caused the scale located next to her to fall over, striking and injuring her. She sued the LIRR for the negligence of the two LIRR employees who had assisted the passenger with the package on board the train. Was the chain of events leading up to her misfortune "foreseeable" on the part of the LIRR?
First, this would be more appropriate in New York. Second, this issue was addressed in 1928 in the seminal case written by Judge Cardozo Palsgraf v. Long Island Railroad Company ( http://www.courts.state.ny.us/reporter/archives/palsgraf_lirr.htm).
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.