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I. Procedural Posture The case came before the Court of Appeals of New York after the appellant Long Island R. Co. had appealed against a judgment of the Appellate Division of the Supreme Court which had affirmed a decision in favor of the plaintiff Mrs. Palsgraf awarding her a remedy. II. Facts The appellant was a railroad company in Long Island. Plaintiff was standing on a platform of appellant´s railroad waiting for her train. A man carrying a small package whose appearance gave no notice of its content was jumping aboard a train that was already moving. As the man seemed to be unsteady as if about to fall, two employees of the appellant helped the man in. In this act, the package containing firework fell upon the rails and exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. They struck the plaintiff causing injuries for which she sued. III. Issue The issue presented was whether the appellant´s employees´ act helping the man board the moving train was negligent to the plaintiff and whether the appellant thus was vicariously liable for the plaintiff´s injuries.
Approximate Word count = 734
Approximate Pages = 2.9
(250 words per page double spaced)
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