Palsgraf v. Long Island R. Co.222 A.D. 166, 225 N.Y.S. 412N.Y.A.D. 2 Dept. 1927.222 A.D. 166225 N.Y.S. 412HELEN PALSGRAF, Respondent,v.THE LONG ISLAND RAILROAD COMPANY,Appellant.Supreme Court of New York, Appellate Division,Second Department.December 9, 1927.CITE TITLE AS: Palsgraf v Long Is. R.R. Co.
RailroadsInjuries to passengers
Action for injuriessuffered by plaintiff while she was awaiting trainat defendant's station which injuries werecaused by explosion of fireworks dropped by an-other passenger
Other passenger attemptedto board moving train and was assisted by de-fendant's employees
Verdict for plaintiff proper
The plaintiff, while at the passenger station of thedefendant awaiting her train, was injured throughthe explosion of fireworks which were dropped by apassenger who was endeavoring to board a movingtrain and who was being assisted in his efforts bytwo of defendant's servants. While it does not ap-pear that the passenger had any authority to carryexplosives under the Code of Ordinances of theCity of New York, still it does not appear that theprovisions of the Code of Ordinances (chap. 10, art.6, § 92, subd. 6) were violated.The verdict of the jury in favor of the plaintiff isproper, since the jury might well have found thatthe act of the other passenger in undertaking toboard the moving train was negligent, and that theacts of the defendant's employees in assisting himwhile he was engaged in a negligent act were alsonegligent. It is no defense that the employees werenot chargeable with notice of the contents of thebundle carried by the other passenger.LAZANSKY, P. J., and YOUNG, J., dissent, withopinion.222 A.D. 166 (1927)APPEAL by the defendant, The Long Island Rail-road Company, from a judgment of the SupremeCourt in favor of the plaintiff, entered in the officeof the clerk of the county of Kings on the 31st dayof May, 1927, upon the verdict of a jury for $6,000,and also from an order entered in said clerk's officeon the 27th day of May, 1927, denying defendant'smotion for a new trial made upon the minutes.
Joseph F. Keany
with him onthe brief], for the appellant.
Matthew W. Wood,
for the respondent.SEEGER, J.The action was brought to recover damages result-ing from negligence. The plaintiff was a passengerintending to take a train of the defendant at the de-fendant's East New York passenger station on the24th day of August, 1924. While plaintiff was at thestation waiting for her train, another train came intothe station. After this train had started from the sta-tion, two young men came up and undertook toboard it while the train was in motion. One of thesemen had a bundle under his arm. Two of the de-fendant's employees undertook to help him on thetrain while it was in motion, one of them the train-man and the other the man on the platform. Duringtheir efforts to assist the man onto the moving trainthese men knocked the bundle out from under thepassenger's arm and it fell under the train. Thebundle contained explosive fireworks which ex-ploded and caused a large scale, near which theplaintiff was standing, to be thrown against theplaintiff, severely injuring her. There was no evid-ence to show that the passenger carrying the bundlehad any authority or permit under the Code of Or-dinances of the City of New York to carry or trans-port fireworks, or of the value of the fireworks, and222 A.D. 166 Page 1222 A.D. 166
(Cite as: 222 A.D. 166, 225 N.Y.S. 412)
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