Question

The big issue in the Palsgraf case was:_________

a) whether the man carrying the fireworks is liable to Mrs. Palsgraf.
b) whether Mrs. Paslgraf assumed the risk of her injury.
c) whether the porters were employees or independent contractors.
d) whether LIRR is liable under negligence to Mrs. Palsgraf.

Answer 1

Answer: d) whether LIRR is liable under negligence to Mrs. Palsgraf.

Step-by-step explanation:

Palsgraf v. Long Island Railroad Co. was a very famous case in American tort law from 1928 which deals with the issue of being liable to an unforeseen Plaintiff.

In the case, Helen Palsgraf and her daughter were at the Long Island Railroad Co. (LIRR) station platform waiting to board a train to go to the beach when two men were being assisted to enter the train by Employees of LIRR. Whilst this was happening one of the men dropped a product that detonated. This hit her and she began to stammer. She sued the railroad and won in two courts until she got to the New York Court of Appeals where she lost the case as the Judge did not believe the Issue was right.

The Issue was whether LIRR owed her a duty of care even if they could not have known that she could be harmed from helping the men.