A riddle of negligence law has always been to what extent the orbit of responsibility extends outward from a tortfeasor’s conduct toward an injured party so as to render the tortfeasor potentially liable as a matter of law.
As noted by Dean Prosser in his hornbook on torts and as stated by former Justice Benjamin Cardozo in his famous decision in the case of Palsgraf v. Long Island Railroad, 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928), “Negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right. ‘Proof of negligence in the air, so to speak, will not do.’”
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