New York Court of Appeals, 1928

Palsgraf v. Long Island Railroad Company

Palsgraf v. Long Island Railroad Company
New York Court of Appeals · Decided October 9, 1928 · <italic>Per Curiam.</italic>
164 N.E. 564; 249 N.Y. 511; 59 A.L.R. 1263; 1928 N.Y. LEXIS 836 (North Eastern Reporter)

Palsgraf v. Long Island Railroad Company

Opinion of the Court

Per Curiam.

Motion for reargument.

If we assume that the plaintiff was nearer the scene of the explosion than the prevailing opinion would suggest, she was not so near that injury from a falling package, not known to contain explosives, would be within the range of reasonable prevision.

The motion should be denied, with ten dollars costs and necessary printing disbursements.

Cardozo, Ch. J., Pound, Lehman and Kellogg, JJ., concur; Crane, Andrews and O’Brien, JJ., concur in result.

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