The Case V. Long Island Railroad Co

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Introduction Different case laws are referred while representing any case in the court; however seminal cases are different as it can be regarded as the case in which revision of proposition or legal definition occurred. It is a scenario when first revision or addition of any clause is done to any legal clause, which is done to have a better understanding and judgement on the given scenario. In this report, the seminal case on the causa proxima clause of negligence will be evaluated in detail. Summary of the case The case Palsgraf v. Long Island Railroad Co is between Palsgraf who is the plaintiff in the given case and Long Island Railroad is the defendant in the case. In the given case there was a passenger who was waiting for a…show more content…
However, in this case dissenting opinion was of higher importance than the deciding opinion. The case was carried on the trail court which gave decision in favour of Ms. Palsgraf, then the case was appealed at intermediate New York which has also given decision in the favour of Ms. Palsgraf; then it was taken the court of appeals, highest court in New York which provided the reverse decision and dismissed. This was a classical example in the tort law. In this case, the dissenting opinion changed the course of the case, provided new directions but leading to the formation of new clause under tort law. In this case, question was raised against the guard position and it was held that as guard did not know anything about the material within the parcel, he should be held responsible for the harm caused to the plaintiff (Miller & Cross, 2011). However, with a new perspective of causa-proxima the whole scenario received a new perspective. Violation of laws According to the code of ordinance of city of New York, no passenger is authorised to carry explosive. This case was regarded as the law of negligence and tort; it is failure to obey the duty on the part of guard and the Long Island Railroad Co. According to the duty of care, there are number of hazard involved according to the nature of the task; for instance breaching a legal duty may lead to the occurrence of hazardous situation(Abbott, Pendlebury, & Wardman, 2007). Any act will be considered to be negligent when it
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