Read PALSGRAF v. The LONG ISLAND RAILROAD COMPANY - Brief Case (including a description of the "risk").
In the opinion the Judge stated " the risk reasonably to be perceived define the duty to be obeyed...." after contemplating that quote, do you believe the decision would be different today after 9/11? Explain your position and Submit your Brief and your Rationale for your updated view.
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Palsgraf v. Long Island R. Co., 248 N.Y. 339, 162 N.E. 99 (1928), the description of “risk”, which the risk must be reasonably perceived that defines the duty to be obeyed and risk imports relation; it is risk to another or to others within the range of apprehension.Unforeseeable risk being taken, its consequences are not confined to those who might probably be hurt.
FACTS: The Plaintiff (Helen Palsgraf) was standing on a railroad platform purchasing a ticket, when a train stopped and two men ran forward to catch it. One of the men nearly fell, and two railroad employees attempted to help him. However, in the process, a package containing fireworks fell and the content exploded. Because of the explosion, some scales at the other end of the platform fell and struck the Plaintiff (Palsgraf)....
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