Proximate Cause (cont'd.)

Proximate Cause (so far…)

Unexpected Harm Benn v. Thomas

Additional Harm Note Cases

Intervening Cause Torres v. El Paso Electric Co.


Palsgraf v. Long Island Railroad Co.


So, what is the rule?


How would you rule in Palsgraf?


Majority opinion (Cardozo)

and

Dissenting opinion (Andrews)


“What we do mean by the word ‘proximate’ is, that because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics.”

- Andrews dissent in Palsgraf


Danger invites rescue


fit


Danger invites rescue