The Long Island Railroad Case Summary

Decent Essays
The majority decided that the conduct of the defendant guards is not liable because there is no direct wrongdoing to the plaintiffs. The majority’s opinion was aimed at discouraging fraudulent claims, but it would deny those who complain in good faith. I tend to agree with the dissent opinion penned by judge Andrew that due care is a duty that imposed to each of us to protect a society not only to protect some parties that have prior duty relationship. Despite there is no direct duty existed between the defendant and plaintiff, there needs to have a duty to the society. The Long Island Railroad Co. had a duty of care for Mrs. Palsgraf and any passengers not only in the car but also in its entire property protecting from harm. Even if the harms

Related Documents

  • Improved Essays

    Argument Against Cardoza

    • 1209 Words
    • 5 Pages

    I will then explain both Cardoza’s and Andrew’s views with reference to negligence and duty of care, which are most relevant in this case. I will explain why Cardoza’s decision may be considered incorrect or questionable. In the case of Palsgraf vs Long Island R.R. Co, the plaintiff, Palsgraf, was waiting on the platform waiting for her train. A man, carrying a package, was hurrying to catch his train.…

    • 1209 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The New Jersey v. T.L.O case is one of the most controversial cases that has passed the supreme court when it comes to our 4th amendment. No unreasonable Searches and Seizures. This very amendment protects our privacy to our things and our lives, leaving it one of our dearest amendments. The New Jersey v. T.L.O. case started in 1984 but ended in 1985. This case started because of an incident in a New Jersey high school.…

    • 456 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In this particular case the driver-Sarah Mitchell breached the Duty of care because the speed limit of the "jump the hills" on Edgewood Avenue was 40 miles per hour and Mitchell speeded up her car to jump the hills at 80 miles per hour causing the car to airborne and sideswiped both utility companies poles. For such reasons, Sarah Mitchell, Adam Jacobs and David Messer are guilty breach of the duty of care to act as a reasonable person would act. For not being reasonable person the caused the lives of Mitchell and Jacobs. As the evidence presented above, both utility companies will be accused of the actual cause of negligence which means that both companies will not be liable unless the causation of fact can be…

    • 556 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Charlie V. Dennis

    • 562 Words
    • 3 Pages

    This is further explained by the Negligence law of California. Not only does the plaintiff need to prove that a duty exists, but also that there was a clear breach of duty. The most relevant part of this law is as follows: “one's general duty of care includes the duty not to place another person in a situation in which…

    • 562 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Great Railroad Strike Dbq

    • 257 Words
    • 2 Pages

    I am doing The Great Railroad Strike started on July 14 , 1877 in Martinsburg, West Virginia in response to the Baltimore and Ohio railroad. It’s also known as the Great Upheaval. The great railroad strike started after the Baltimore and Ohio cut wages of railroads and that was basically the biggest event that happened leading up to the great railroad strike. That’s the biggest reason why this strike happened and lots of people were unhappy with this strike. During the great railroad strike there was lots of gun battles.…

    • 257 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Sidda Silman Case Study

    • 573 Words
    • 3 Pages

    Facts: Wanda Silman was a clerical assistant. As part of her daily duties, she has to travel to the post office to retrieve the firm’s mail and pay postage fees. On the day in question, after she finished her tasks at the post office she went to her personal bank in the opposite directions for personal reasons. While traveling to her bank she had gotten into a car accident with Michael Timmons. Timmons then sued Silman, her insurer, and the firm’s insurer for physical injuries.…

    • 573 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    There was a second legal challenge that was known as Griswold V. Connecticut before 1965. Griswold was the Executive Director of the Planned Parenthood League of Connecticut. The medical director was convicted of being an accessory to giving married person information about how to prevent conception an anti-conception device or material for the wife’s use. Along with the Medical Director, he gave specific medical advice for birth control to the married couples. They were also convicted under a Connecticut law that criminalized providing contraceptive counselling and the medical treatment from the professional and that would be given to the married couples.…

    • 202 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Lisenba v, California (1941), Stein v. New York (1953), Gallegos v. Nebraska, 1951), Crooker v. California (1958), and Cicenia v. LaGay (1958) (Hemmens, 2014, p. 22). In another case, Gallegos v. Colorado (1952) the United States Supreme Court ruled that the confection a violation of due process after Gallegos who was 14 years of age at the time was denied his right to have contact with his mother (p. 22). The concerns that the cases cause among the liberal United States Supreme Court Justices consisted of cases displaying tactics by policemen in using psychological methods in getting suspects to confess (Hemmens, 2014).…

    • 396 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Pamela Poptart Guilty

    • 331 Words
    • 2 Pages

    Your Honour, Judge Parsons, and members of the jury, We have nearly arrived at the end of this court session. It has been long, and tiresome for the witnesses who had to endure reliving this trauma. The irrefutable truth is that if Pamela Poptart had truly shown remorse, she would’ve plead guilty and we wouldn’t have to examine all the stone cold truths that the defence counsel are trying to make you forget. They are trying to sidetrack you from truths that are in the agreed facts.…

    • 331 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    Niles had every right to file a lawsuit against the City of San Rafael because there was a breach of duty that caused foreseeable damage to the Kelly. If Kelly would have suffered no harm, then that would have not been grounds to sue. Mr. Niles won the case because he was able to prove that all four elements of negligence were present. Mr. Niles was able to prove that duty of care was not properly conducted. Duty is defined as the legal obligation of care, performance, or observance to safeguard the rights of others.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In Section E, Constable Ellis introducing himself by stating his name, rank and what station he was from. Constable Ellis also informed the suspect that he would be asking questions regarding the allegation of Assault, therefor complying with Safeguards LEPRA Section 202. The court requires admissions to be obtained fairly from a suspect so they are admissible. It is legislated under section 139 (1) (C) that the Police officer must caution the accused prior to questioning them.…

    • 307 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Sam Clover Case Study

    • 1712 Words
    • 7 Pages

    In situations where a person’s negligence necessitates a rescue attempt by another person, the negligent person owes a duty of care to the intervener unless the two are engaged in a special relationship that exonerates the negligent person from this obligation. Id. at 546. This relationship exists between the two parties if the negligent party has compensated the rescuer, directly or indirectly, for the negligent party’s exoneration from the duty of care to the rescuer during the rescue attempt. Id. In Neighbarger, the plaintiffs were employees at Powerine Oil Company as safety supervisors.…

    • 1712 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Maribel Vicente History 1302 Railroad Strike of 1877 In the year 1877, the Baltimore & Ohio station in West Virginia, workers suffered a serious wage cut. Determined to fight the wage cut workers went on strike, and actions of the rebellious workers spread through other states. Historians Howard Zinn, Brian P. Luskey, and Nick Salvatore, analyzed why the strike was an important time period. During this time period, it was known as the gilded age were only the strong survive and the weak perish.…

    • 702 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I am writing this letter on behalf of Christopher V. Brown. I have had the pleasure of knowing Paul for the past2 years. Christopher has asked me to write a general recommendation letter for him to use when any employer asks for recommendations. I hired Christopher in January of 2016, when looking for an Inventory Specialist to conduct inventory of command Asset Equipment that valued $5,000.00 dollars. He has done an excellent job while working as an Inventory Specialist and has continued to provide quality work.…

    • 593 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Vi: Good afternoon, I hope that this message finds you well. I just had a conversation with our contact at SEA today, and they advised that they had still not acquired an exemplar light pipe for testing. Moreover, SEA indicates that they contacted the folks with Illuminations, Inc.—the distributor that you and James had recommended—and that they have yet to respond to SEA’s request for a light pipe. Specifically, SEA is having trouble finding a light pipe with the particular extension kit used in this particular project. Moreover, when SEA does acquire the exemplar, they have advised that further the testing could take multiple weeks—perhaps months.…

    • 576 Words
    • 3 Pages
    Improved Essays