Philosophy 2080 Lecture Notes - Lecture 2: Chevrolet Citation, Killowen, Vicarious Liability
6 Feb 2018
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The law is reluctant to find a legal relationship when the court of law says there isn"t one already. A man was getting onto a moving train owned by the long island railroad company. Seeming unsteady, two workers of the company tried to assist him onto the train and accidentally knocked his parcel out of his hands. The parcel contained fireworks wrapped in newspaper which went off when they hit the ground. The employees did not know what was in the package. The force of the blast knocked down some scales several feet away which fell and injured palsgraf. At trial and first appeal palsgraf was successful, which long island. Cardozo, in the majority, gives consideration to the fact that the workers had no way of knowing the contents of the parcel, and even then they could not reasonably have foreseen this outcome.
