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Tag Archives: Palsgraf v Long Island Railway Co

The unforeseeable plaintiff

Making sense of the world requires–nay, demands–that we find patterns in events. And, as part of modernity, we’ve become used to the clear-headed, formalised pattern-finding of law and science. There are ways to look for explanations, and things that ought properly to be discarded along the way. That’s why we have ‘legal method’ and ‘scientific […]

Palsgraf v Long Island Railroad Co – Reasonably Foreseeable?

One of the things you learn in law is that truth is stranger than fiction. I’m teaching Torts this year, and I’ve just had occasion to revisit Palsgraf v Long Island Railroad Co 248 NY 339; 162 NE 99 (1928). Gee, it’s a fantastic case. It’s generated debate for almost 100 years now, and to […]