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Homework answers / question archive / Helen and Grace are on a subway train on the way home from an office where they work together
Helen and Grace are on a subway train on the way home from an office where they work together. Both are standing near one of the doors of the crowded train. Suddenly, the door opens while the train is moving and Helen falls out. Moments later, the train stops when the driver realizes what has happened. (Assume that the reason the door opened was negligent maintenance by the subway). Grace watches in horror as Helen falls out the door. When the train stops, Grace immediately climbs down through the open door onto the tracks in order to help Helen. As Grace searches in the dark, she slips on a live rail and dies from electrocution. Luckily, Helen finds her way to safety with only minor injury. Helen and Grace's estate now brings separate negligence actions against the subway. Focus solely on the issue of duty.
https://www.nycourts.gov/reporter/archives/palsgraf_lirr.htm (The Palsgraf Case)
a. Under the majority (Cardozo) opinion of Palsgraf, did the subway owe a duty to Helen? Explain. To
Grace? Explain.
- Under the majority (Cardozo) opinion. Helen could now no longer get whatever as it became not "foreseeable" Mechanical mistakes can appear all of the time and she assumed her personal responsibility while she were given at the educate with her free will.
b. Under the dissenting (Andrews) opinion of Palsgraf, did the subway owe a duty to Helen? Explain.
To Grace? Explain.
- In this scenario I do agree with that the subway owed responsibility to Helen. Under the dissenting (Andrews) opinion, responsibility is owed to everyone in the world at large who is probably injured due to the defendant's unreasonable conduct, even supposing the injured character became now no longer in the quarter of threat, so long as a person is in the quarter of threat because of the defendant's unreasonable conduct. The maintenance team didn't offer right protection techniques to keep away from the sort of mechanic malfunction and therefore triggered Helen to fall out. This is negligence and she would win the court if it had been dominated through Andrews Pov .
