Palsgraf v Long Island Railroad Co [1928, America]

Facts

  • 2 guards helped a passenger carrying a package get onto a train, resulting in the passenger dropping the package
  • The package, with container fireworks, hit the track and exploded, with disrupted a set of scales further down the platform
  • The scales subsequently injured the claimant

Issue

  • Could the claimant recover

Decision

  • No recovery

Reasoning

  • Damage was too remote, the claimant failed to prove otherwise
RELATED CASE  Vowles v Evans [2003]

Posted in Tort Law Revision Notes.

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