Palsgraf v. Long Island R.R. Co. Ct. Of App. Of N.Y.,

248 N.Y. 339,162 N.E. 99 (1928).

Facts

Mrs. Palsgraf (P) was standing on a platform after she bought a ticket from R.R. (D) when two men ran to catch a train which was pulling out from the platform. The first man jumped aboard safe and sound. The second man who was carrying a package was helped by a guard on the station and one on the train who had kept the door open so these two men could jump aboard. In the process of boarding in this manner the package the man was carrying fell and exploded. It was a package of small size, about fifteen inches long, and was covered by a newspaper. It contained fireworks, but there was nothing in its appearance to give notice of its contents. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck P, causing injury. P sued D and was awarded damages. D appealed. The Appellate Division affirmed. D appealed.