Palsgraf, Circa 1933

Torts mavens will like this posting about the immediate reception of Palsgraf v. Long Island R. Co., a Cardozo decision that is arguably the most famous US tort case about causation.

I happen to hate Palsgraf for all sorts of reasons, not least what I consider the opinion’s dishonesty, and try to teach it as fast as I reasonably can. Even so, or perhaps particularly so, it’s fun to read the account of what a contemporary hornbook, James M. Henderson’s Questions and Answers with Problems and Illustrative Matter on the Law of Torts, Based on all the Standard Text and Case Books made of it back in 1933.

This is an early effort from a promising legal history blog, noncuratlex.com, one that seems to offer just about the right mix of history, whimsey, and obscurantism.

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One Response to Palsgraf, Circa 1933

  1. Kaleberg says:

    That noncuratlex is a neat blog. I’m always running into oddball cases, and I’m not even a lawyer. It’s great to get some historical perspective now and then.

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