Palsgraf v. Long Island R.R. Co.

162 N.E. 99 · New York Court of Appeals · 1928

Facts

Plaintiff was standing on a railroad platform when two guards helped a man board a moving train. The man's package, containing fireworks, fell and exploded, causing scales at the other end of the platform to fall and injure the plaintiff. The package's contents were not apparent to the guards.

Issue

Can a railroad be held liable for negligence to a passenger who was injured by an unforeseeable consequence of an act that was not negligent towards her, but potentially towards another person?

Holding

No. The court reversed the lower court's judgment, holding that the defendant was not negligent towards the plaintiff because the harm to her was not within the range of foreseeable risk.

Rule

Negligence is defined by the risk reasonably to be perceived, which establishes a duty owed to those within the range of apprehension. There is no actionable negligence unless there is a violation of a duty owed to the specific plaintiff.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.