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Ginny Jolly
LegalEagle
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Comments by "Ginny Jolly" (@ginnyjollykidd) on "What’s Inside The Box? (The Case Of)" video.
Ms. Palsgraff has a legitimate claim. Ten feet is not far away from detonating fireworks, and different states allow different amounts of explosive in their legal fireworks. Indiana has a much higher allowance than Kentucky, making a much more spectacular show. Setting off a concentrated number of fireworks 10 feet from the weight machine can possibly topple it due to percussion. Very large fireworks shows like the Zambelli Brothers put on, even away from the crowds as they should be, cause quite a percussive action that I could feel on my chest as if someone punched me a little more than mildly. So I Can see a box of fireworks causing percussion enough to unbalance a heavy weight. I'd side with Mrs. Palsgraff but with no extra award beyond what was originally agreed upon and the court costs going to the railroad. Ideally, of course, the defendant should be Harry the man carrying the box. It is unfortunate in this case he is suit proof, but ideally he should be the one to pay.
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Aw, crap.
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@Edge Valmond The train company policy guaranteed a safe ride, an implied contract. That implies a standard of safety for the train itself and parts therein. I expect there to be regular inspections, say once a week or more frequently. Such inspections should find that damage to the car carriage. There is obvious, preventable or rectifyable damage. They should know that such damage would cause sparks that could even cause fires on the wooden ties.
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