Tanisha Butler
Ms. Baca
7/5/2017
Palsgraf v. Long Island Railroad Co.
Citation: 248 N.Y. 339, 162 N.E. 99 (1928)
Facts: Helen Palsgraf, the Plaintiff, was stationary on a railroad platform buying a ticket. A train stopped and two men rushed toward the front to catch it. One of the men almost fell, and two railroad workers tried to help him. While trying to help the man, some fireworks fell out and blew up. Due to the disturbance of the eruption, some scales at the other end of the railroad platform fell and hit the Plaintiff causing injuries. The Plaintiff sued Long Island R.R. (Defendant) and the jury found her to be in good standing. The New York Supreme Court declared the trial court’s holding that the Defendant was accountable for the injuries that the Plaintiff suffered from. The Defendant ended up appealing the court’s decision.
Issue: Different opinions convey that it isn’t firm that the Defendant’s actions were not the exact cause of the Plaintiff’s injuries. Justice Andrews concluded that the judgment should’ve been presented with more assertion. One of the most notable dissents in contemporary tort law, Justice Andrews in Palsgraf (Plaintiff) conveys what has become the matrix of one’s responsibilities and its connection to
…show more content…
Judge Andrews dissented, stating that “negligence is a relative concept and proposed that every one owes to the world at large the duty of refraining from those acts that may unreasonably threaten the safety of others.” Negligence is not a wrongful act unless it’s a consequence in a task of a wrong by contravening one’s right. Because, the injury to plaintiff was not intentional by the defendant, it had to be shown that dropping a package was an obvious possibility of danger. Since the package was unmarked, there wasn’t any negligence to be found, therefore the Defendant was also not the immediate cause of plaintiff’s
The issue presented in this case is whether the San Francisco Giants was negligent when Janice Lewis was pushed and fell on the top of the metal bars during the parade. The San Francisco Giants Will be found negligence of San Francisco Giants breached the parade duty to its patrons and, as a result of that breach, Janice Lewis was injured. McGarry v. Sax, 70 Cal. Rptr.
The 2011 federal district court opinion from the Middle District of Pennsylvania addressed a general public misconception regarding the Rule of Evidence 701. Indeed, Eric Lyons attempted to use his x-ray results and his physical symptoms against the defendants even though he lacked the expertise to prove that his broken rib injury resulted from his fight against Anthony Boyking. Furthermore, Lyons also believed that his contender benefited of the defendants’ involvement to defeat him. Certainly, Eric Lyons may have been accurate about his rights under the Eight Amendment, however, the law could not take into consideration his testimony due to the fact that his deposition would not qualify as a subject matter expert in the medical field. Thus, the pretrial order the defendants pursued to prevent the plaintiff 's personal contribution regarding his physical symptoms is legit regardless the truthfulness of Eric Lyons’s statement.
Today marks the 80th anniversary of the devastating Supreme Court case of Palko v. Connecticut[1] in which the Supreme Court held that the 5th amendment right against Double Jeopardy did not apply to state courts. While Palko[2] was eventually overturned by the landmark case of Benton v. Maryland[3], Palko stood for 32 years as an impediment to peoples Constitutional rights. The Case[4] The case behind Palko perhaps explains the Courts dim view. Late one evening in 1935, Frank Palko[5] broke into a music store in Fairfield County Connecticut[6] , stole a phonograph and fled the scene on foot. Mr. Palko was quickly cornered by a police officer who he shot and killed.
Therefore, we can submit that the courts erred in relying on the Act given that they deviated from it in the charges against the petitioner. Thus, we argue that the initial prosecution did not fall under the jurisdiction of the federal district court but under the jury that tried offenders of minor crimes like simple
Central Hudson Gas & Electric Corp v. Public Service Commission of New York, 447 U.S. 557 (1980) Facts: The state of New York had an electricity shortage during the winter of 1973-1974. The Public Service Commission wanted to remove all advertising that promoted the use of electricity in order to allow the state's electricity to come back, so they imposed a ban that would prohibit the advertisement of electrical usage to be shown and used in commercial. The intent was to limit electrical use and allow the state to solve the issue of the shortage. Gas & Electric Corp. did not agree with the ban, as they were a company who was affected by it since they were banned from commercially advertising electrical products and services, decided to
Plessy v. Ferguson This case dates back in to 1982 when Homer Please was arrested for sitting in a “white” car of a train (Wormser, n.d.). Obviously this goes back where discrimination against black was going on. Plessy was said to pass as white due to his light skin; however, due to Louisiana law he was required to sit in the “colored” car. He was a “Creole of Color” which is used to refer to a black person in New Orleans whose ancestor were traced to the French, Spanish, and Caribbean (Wormser, n.d.).
Another basis to make Murray’s claim viable is the 1983 Church V Commissioner’s case. The court adopted a similar analysis to the Roemer decision. In the church, the taxpayers got $250000 compensatory damages and a punitive damage of $ 235000 in a defamation lawsuit. The court focused on the nature of the claim and identified that the award for compensation was as a result of humiliation, ridicule and total embarrassment. Those injuries were personal tort-type claims contrary to the physical injuries.
In 1862, an act was passed down called the Pacific railroad act. This act chartered the Central Pacific and the Pacific railroad companies. In addition, the Pacific railroad act tasked them to build a transcontinental railroad that would link the United States from coast to coast or east to west. It needed about 5,000 men to do this and since the chinese did the great wall of china why not make the Chinese to came to America and to build the railroad and ⅔ did. Over the next 7 years both companies would race toward each other, starting at Sacramento, California on one side and Omaha, Nebraska on the other.
Nate Ms. Keeney Fourth period 3/2/2023 Bias in Courts Many people’s lives are and will be injured by bias in court rooms. Is similar to how bias is used in the Flawed. Cecelia Ahern’s use of bias in the Flawed damages people is similar to the bias in court rooms of modern day.
It can be argued that the jury was not a proper representation of his peers. Along with other factual errors surrounding Dixon’s false conviction,
(Clark Fountain, 2017) Analysis – It appears that the location of the pallets was clear and obvious. The pallets did not possess a risk that would be inherently dangerous to an individual who is using the walkway. This condition appeared to be common and was known to be innocuous in everyday life that it did not have the ability to impose liability on the land and business owner. The plaintiff breached his own duty to assure his safety by not maintaining his direction of walking which does not pose a liability to the defendant. In this case, the plaintiff has been negligent to care for his own
However, the main affect this decision has on today’s society is the way justice must be carried out in the court of law and the way a person’s rights should be protected even if they’re guilty or
Karla Coronel Chapter 20 Problems 6) In my opinion the director is not responsible for the destroyed antiquity. For the following reasons: The agent's careless actions were not within his job. If the agent acts negligently out of his employment with the principal, the principal is not liable for damages caused by the actions of the agent.
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
However, can the civil justice be said to be without blemish whatsoever? Let us further explore the merits of the civil