Palsgraf v. Long Island Railroad Company
164 N.E. 564 · New York Court of Appeals · 1928
Facts
The plaintiff was near the scene of an explosion caused by a falling package. The package was not known to contain explosives, and the plaintiff sustained an injury.
Procedural history
This case is before the court on a motion for reargument.
Issue
The issue is whether the plaintiff's injury from a falling package, not known to contain explosives, was within the range of reasonable prevision given her proximity to the explosion.
Holding
The motion for reargument should be denied.
Rule
Injury from a falling package, not known to contain explosives, would not be within the range of reasonable prevision if the injured party was not sufficiently near the scene.
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