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1. According to the majority opinion, in order for the Railroad to be liable to Palsgraf for her injuries, what is the key aspect of the railroad guard’s actions?
2. What facts would you change in order to find the guard’s conduct was the proximate cause of Palsgraf’s injuries?
3. What does the court mean by “proof of negligence in the air, so to speak, will not do?”
4. How would you describe the court’s definition of “proximate cause” to a non-lawyer friend in everyday language?
5. According to the court, how does the context of a situation affect whether an act is negligent? Give an example from the majority opinion.
6. What is the main difference between the majority opinion’s reasoning and the dissenting opinion’s reasoning?
7. What do you think is the best point made by the dissenting opinion?
2. What facts would you change in order to find the guard’s conduct was the proximate cause of Palsgraf’s injuries?
3. What does the court mean by “proof of negligence in the air, so to speak, will not do?”
4. How would you describe the court’s definition of “proximate cause” to a non-lawyer friend in everyday language?
5. According to the court, how does the context of a situation affect whether an act is negligent? Give an example from the majority opinion.
6. What is the main difference between the majority opinion’s reasoning and the dissenting opinion’s reasoning?
7. What do you think is the best point made by the dissenting opinion?
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