Now erase your entire conception of the train platform.
The revised facts are enlightening. I agree they alter the pictures that I as a layman would paint of duty and causation as I understand them.
If I consider it from the perspective of the proximity of the cause of Mrs. Palsgraf's injury, it seems to interject another element. The railroad employee caused the man to drop the package, which caused it to explode, which caused the crowed to panic, which caused an unsecured apparatus to fall. A devil's advocate would argue that the railroad's duty can't possibly extend to such a parade of hypotheticals. If this is where Cardozo's reasoning proposed to go, why omit the fact of one more link in the causal chain, separating the respondent's foreknowledge even further from the appellant's injury? You provide the answer:
However, was is foreseeable that packing their train stations full of people and unlicensed merchants would eventually result in some sort of event that would panic them, cause a stampede, and hurt some of them?
Exactly. I think a duty-based analysis may be more instructive to this case given the revised facts. A great many people packed into a small space with limited opportunities for egress and obstacles impeding ambulation should fall within the reasonable foresight of any proprietor. Should something cause a panic, the ensuing stampede is likely to cause the type of injury Mrs. Palsgraf suffered. Today we recognize that almost intuitively as we impose occupancy restrictions on spaces open to the public. Since we generally fail at precluding all the many, many causes of a panic, our duty devolves to mitigating the potential of a panic to injure. Cardozo seems to have absolved the railroad of its duty to foresee the effects of crowded, inherently unsafe conditions that were within their control to mitigate.
We draw the analogy to science. It is impossible to prevent all the ways nature can interfere with our attempts to collect good data. So we evolve methods of mitigating the effects. But where we
can mitigate the cause, we have a duty to do so, because to eliminate the cause is almost always more effective and robust than to struggle with the result.
He wrote, "minds cannot differ" regarding his ruling, though 5 of 9 judges who heard the case came to the opposite conclusion.
And, as you say, he recited the facts of the case in a way that seemed to make his reasoning unassailable. That is its relevance here. Michel wants to paint the picture that numbers don't lie -- the math is irrefutable. Well, people lie using numbers. A statistic is not an inviolable imprimatur on the strength of the underlying science.
I note that the dissent in Palsgraf doesn't seem to mention the conditions on the platform. In unraveling the causal chain, Andrews writes, “The only intervening cause was that instead of blowing her to the ground the concussion smashed the weighing machine which in turn fell upon her.”
Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 356 (N.Y. 1928) So was Cardozo's court uniformly misled? The minority seems content to agree with Cardozo's reconstruction of the accident. They seem to want to focus on his calculus of proximity, arguing that it should encompass more causes and effects.
As the erudition of the dissent shows, reasonable minds can differ even within the distorted picture of the facts. Add in the rest of the facts, and it becomes clear that reasonable minds
should differ.
Bias in the writing of the opinion led to a concept of torts that, with some refinement, endures today.
And I understand that the doctrine of torts is something that really requires a deep dive to understand properly, which is why we have law schools. To that point, my understanding is that the case method in law school requires students simply to accept the facts presented and discuss the legal reasoning based on that representation. So I don't imagine that a lot of 1Ls are ever presented with the notion that the facts in Palsgraf are disserving. And I wonder how that affects the doctrinal understanding of torts that you refer to. It certainly explains the outburst I reported last night.