Palsgraf v. Long Island R.R. Co.

162 N.E. 99 · New York Court of Appeals · 1928

Facts

Plaintiff Palsgraf was on a railroad platform when a guard helped a man carrying a package onto a moving train. The package, which contained fireworks but appeared harmless, fell and exploded. The shock caused scales at the other end of the platform to fall on Palsgraf, injuring her.

Issue

Can a defendant be held liable for negligence to a plaintiff when the defendant's conduct was not negligent towards the plaintiff, but only towards a third party, and the plaintiff's injury was not a foreseeable consequence of the act?

Holding

No. The court reversed the lower court's decision, holding that the defendant's guard was not negligent towards the plaintiff because there was no foreseeable risk of harm to her from the package. The complaint was dismissed.

Rule

Negligence is not actionable unless it involves the invasion of a legally protected interest, meaning there must be a duty owed to the individual complaining. The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.