Long Island Railroad Co, the case was considered in 1928. It is a classic example of an American offense on the issue of liability to an unforeseeable plaintiff and is being studied by students to this day. The Palsgraf v Long Island was examined by the New York Court of Appeals and the highest state court in New York. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 1928) was a decision made in New York by the New York Court Appeals by Chief Judge Benjamin Cardozo. This (Palsgraf) was used as a key point solution in tort law which helped make the idea of proximate cause which is basically just a limitation of negligence without ignoring the scope of the liability.
Palsgraf: Cardozo test vs. Andrews test
Hey guys,
So in Torts today, we discussed the ever-so-famous Palsgraf case. In going over the Cardozo test, I gathered that we use that test when we have an unforeseeable plaintiff (which then makes us look at the negligent act, and the circumstances around it to determine the foreseeable zone of danger, and through that we can see if the plaintiff has a right to sue).
We then went over the Andrews test, and his 'Stream of events' proposition where we 'draw a line' at some point where anyone within that continuum has the ability to sue. Rather than focusing on specific persons, we have a duty to refrain from negligent acts as a whole. The cut-off point is really proximate cause.
My main question is, when do we know when to apply the Cardozo test or the Andrews test? Also, if I analyzed the two tests improperly, some guidance would be appreciated as well.
Thank you
- Biotechnology & Genetic Organisms: The Monsanto CompanyDescription: Manipulation of genetic organisms: With a record of over $15.9 billion sales, The Monsanto company is deemed as largest seed company in the world....5 pages/≈1375 words| 4 Sources | APA | Law | Case Study |
- Energy Policy in the New York Area and its Impact on the SocietyDescription: Energy policy of New York City area addresses issues pertinent to the generation and distribution as well as large scale and small scale consumption of energy...5 pages/≈1375 words| 6 Sources | APA | Law | Case Study |
- School Violence: Christopher PittmanDescription: Youth violence has rampantly increased across the country where the youths are committing serious offences....