Comments by "MacAdvisor" (@MacAdvisor) on "What’s Inside The Box? (The Case Of)" video.
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Objection! Giant, huge, Tom Cruise or Al Pacino style objection! This case has been misused by law professors since it was written and the court was clearly bribed by the railroad to come up with some yahoo theory to clear it. The problem in this case is not about the person getting on the train, but the fact the scale fell on Mrs. Palsgraf. This is classic Res Ipsa Loquitur: The scale shouldn't be able to fall over on a person on the platform. This isn't an issue of zone of danger, and where Judge Cardozo goes off the road, it is the classic breach of a duty that causes harm. The railroad had a duty to prevent the scales from being able to topple over, they breached that duty because the scale did topple over, it caused harm to Mrs. Palsgraf.
This case is only used to teach about the zone of danger because it is the case where Judge Cardozo made up the facts to fit his pet theory to find a way to find for the powerful and rich railroad. The guy, the fireworks, the push, all of that doesn't matter. The question is why does the railroad have a big, heave scale on the platform where it could topple over onto someone.
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