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What was the issue in Palsgraf v Long Island Railroad Co?

What was the issue in Palsgraf v Long Island Railroad Co?

Palsgraf v. Long Island Railroad Co.
Defendant could not be held liable for an injury that could not be reasonably foreseen. New York Supreme Court, Appellate Division, reversed and complaint dismissed.
Court membership
Chief judge Benjamin Cardozo

What was the final decision in Palsgraf v LIRR?

The Court concluded that there was no negligence because defendant railroad could not have reasonably foreseen that its employees’ conduct would have resulted in injury to plaintiff Palsgraff.

What is the significance of the Palsgraf case what was the analysis of the judge and do you agree?

Palsgraf v. Long Island Railroad Co., a decision by the New York State Court of Appeals that helped establish the concept of proximate cause in American tort law. It defines a limitation of negligence with respect to scope of liability.

What happened to the plaintiff in Summers v Tice?

Plaintiff and defendants went on a hunting trip. Plaintiff’s action was against both defendants for an injury to his right eye and face as the result of being struck by bird shot discharged from a shotgun. The problem presented in this case is whether the judgment against both defendants may stand.

What are the elements of negligence?

The four basic elements of a negligence claim are:

  • A duty of care existed between the negligent person and the claimant;
  • The negligent person breached their duty of care responsibilities;
  • Injury or damage was suffered due to a negligent act or failure to exercise duty of care;

Who is a tortfeasor in law?

A person who commits a tort is known as a tortfeasor . if the court determines that the defendants tort has caused the plantiff to suffer loss or harm, then the defendant is deemed legally responsible or liable to compensate the plaintiff. More the one tortfeasor may be involved in contributing to a tort.

Which court published case Summers v Tice 1948?

Summers v. Tice
Supreme Court of California
Decided November 17, 1948
Full case name Charles A. Summers v. Howard W. Tice, et al.
Citation(s) 33 Cal.2d 80 199 P.2d 1