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Multiple Choice

Palsgraf v. Long Island R.R. — Which party is the defendant?

In this tort action, the party accused of negligent conduct is the one who is sued—the railroad company. In Palsgraf v. Long Island Railroad Co., the Long Island Rail Road Company is the defendant, while Helen Palsgraf is the plaintiff who brings the suit. The other names listed—Palsgraf, CBS, and Dole—do not represent the defendant here; Palsgraf is the injured party, and CBS and Dole are not involved in this case. The decision is famous for shaping how we think about duty and proximate cause: the railroad’s conduct must create a foreseeable risk to the plaintiff for liability to attach. In this case, the court determined the harm to Palsgraf wasn’t within the scope of foreseeable danger generated by the railroad’s actions, so there was no liability, but the key point for identifying the defendant is that the defendant is the Long Island Rail Road Company.

In this tort action, the party accused of negligent conduct is the one who is sued—the railroad company. In Palsgraf v. Long Island Railroad Co., the Long Island Rail Road Company is the defendant, while Helen Palsgraf is the plaintiff who brings the suit. The other names listed—Palsgraf, CBS, and Dole—do not represent the defendant here; Palsgraf is the injured party, and CBS and Dole are not involved in this case. The decision is famous for shaping how we think about duty and proximate cause: the railroad’s conduct must create a foreseeable risk to the plaintiff for liability to attach. In this case, the court determined the harm to Palsgraf wasn’t within the scope of foreseeable danger generated by the railroad’s actions, so there was no liability, but the key point for identifying the defendant is that the defendant is the Long Island Rail Road Company.