Prof. Law & Ethics
77393/06 Spring 2003
05: February 5, 2003

Reading and questions for class 06, Feb. 10:
This is one of the most famous cases in the law of torts.:
Helen Palsgraf v. Long Island R.R
What duty of care did the L.I.R.R. owe its passenger, Helen Palsgraf?
(See Lucchese.)
Was the defendant's guard negligent?
Was the defendant's guard "responsible" for Helen Palsgraf's injuries?
Why did the Court conclude that the Rail Road was not liable for the plaintiff's injuries?
Explain in your own words:
"But bodily security is protected, not against all forms of interference or aggression, but only against some. One who seeks redress at law does not make out a cause of action by showing without more that there has been damage to his person. If the harm was not willful, he must show that the act as to him had possibilities of danger so many and apparent as to entitle him to be protected against the doing of it though the harm was unintended."

United Novelty Co. v. Daniels
What started the fire that killed William Daniels?
What duty of care did United Novelty owe its employee William Daniels?
Was William Daniels "responsible" for the fire?
Was the fact that the employer, United Novelty Co., warned its employees not to use gasolene more helpful to the plaintiff or to the defendant?
Who was more responsible for his/her own injuries, Helen Palsgraf or William Daniels? Is this relevant? Should it be?

Cubito v. Kreisberg
What was the relationship between the architect, Gindele & Johnson, and Rose Cubito?
What arguments did the defendant present on its behalf?
For each argument, be prepared to state why the Court rejected it.
Which of the defendant's arguments you think was the strongest? Why?
Is an architect a provider of goods or services? Why was this question relevant in this case?