Tort: Chapter 13: Negligence: Element 1: Duty
Duty
Unforeseeable Plaintiff
Foreseeable Plaintiff
Use Palsgraf v. Long Island Railroad
Scenario:
Helen and Grace are on a subway train on the way home from an office where they work together. Both are standing near
one of the doors of the crowded train. Suddenly, the doors open while the train is moving and Helen falls out. Moments
later, the train stops when the driver realizes what has happened. (Assume that the reason the door opened was negligent
maintenance by the subway). Grace watches in horror as Helen falls out the door. When the train stops, Grace
immediately climbs down through the open door onto the tracks in order to try to help Helen. As Grace searches in the
dark, she slips on a live rail and dies from electrocution. Luckily, Helen finds her way to safety with only minor
injury. Helen and Grace’s estate now brig separate negligence actions against the subway.
Focus solely on the issue of duty and answer these 2 questions.
a. Under the majority (Cardozo) opinion of Palsgraf, did the subway owe a duty to Helen? Explain. To Grace?
Explain.
b. Under the dissenting (Andrews) opinion of Palsgraf, did the subway owe a duty to Helen? Explain. To Grace?
Explain.
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