‘Cardozo’s Great Proximate Cause Decision?’

Kenneth S Abraham and G Edward White, ‘Recovering Wagner v International Railway Company‘, 34 Touro Law Review 21 (2018). Featuring the memorable phrase ‘Danger invites rescue’, Cardozo’s opinion in Wagner v International Railway Co is engaging and beautifully written. The same can be said of ‘Recovering Wagner v International Railway Company‘ (hereinafter ‘Recovering Wagner‘) – the recent study of Wagner by Ken Abraham and Ted White (hereinafter ‘AW’). Through historical research principally into the litigation of the case, they generate an important new interpretation of Wagner. According to AW, Wagner forced Cardozo to confront what lawyers then and now would call a ‘proximate cause’ question … (more)

[Benjamin C Zipursky, JOTWELL, 28 March]

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