(Cardozo dissented from the decision on procedural grounds.) Proximate cause, on the other hand, is a policy determination used to limit a defendant's liability. A Flood—Not a Ripple—of Harm: Proximate Cause Under the Fair Housing Act. (Indeed, in the celebrated Palsgraf case for today, the dueling opinions differ on whether the hiccup found within the fact pattern is best categorized as one of duty (Cardozo) or proximate cause (Andrews).) They simply adopted Cardozo’s “zone of danger” formulation as the test for determining whether a cause is proximate! The court must ask itself whether there was a natural and continuous sequence between cause and effect. Palsgraf’s notoriety as a proximate cause case is ironic, to say the least, given that Chief Judge Benjamin Cardozo’s majority opinion expressly disclaims all reliance on causation in overturning the plaintiff’s verdict (“[t]he law of causation, remote or proximate, is thus foreign to the case before us”). Rejection of the closest in time/distance test may have been one of the ideas the author or authors of California Insurance Code had in mind when they drafted these sections: The proximate cause, involved as it may be with many other causes, must be, at the least, something without which the event would not happen. The following year, in striking down the Bituminous Coal Conservation Act, the Court accepted Cardozo’s proximate cause test. The issue in the case is whether the unforeseeable plaintiff will be analyzed under duty or proximate cause. Mr. Justice Cardozo, speaking for the majority, preferred the first approach. It … But the trainmen's negligence was close enough in time and space, he wrote, to be considered the ''proximate cause'' of Mrs. Palsgraf's injury. That being the case, we do not consider proximate cause unless we have established actual cause. Proximate cause is a notoriously flexible and theoretically incon-sistent concept. The majority Cardozo view held that it should be analyzed under Duty, while Andrews held that Duty is a broad concept and unforeseeability should be discussed under proximate cause. However, proximate cause is an anachronism because in modern contract analysis proximate cause means something different from the opinion espoused by Justice Cardozo. For Cardozo, proximate cause could be dealt with as an issue of foreseeability. The Strange State of Legal Education Generations of law students thus came to be educated that Palsgraf is a case about proximate cause — when it is not. He set forth a re-examination of the negligence concept with the hope of replacing the usual formulas and their "shifting meanings" with a … care," or that the defendant's negligence was not a "proximate cause" of the plaintiff's injury. Proximate cause is harder to pin down; whether it’s been met can become a jury issue when a judge thinks it’s not an easy call. Actual cause, the topic of the last chapter, is a legal determination used to establish a defendant's liability. This Article argues that the term is often an empty vessel, into which the courts can pour multiple meanings. 27 It was not enough for a defendant’s negligence to foreseeably result in some kind of injury to some kind of plaintiff; the particular group of harmed individuals and the particular type of injury must also have been foreseeable. Proximate cause is harder to pin down; whether it’s been met can become a jury issue when a judge thinks it’s not an easy call. POUND, LEHMAN and KELLOGG, JJ., concur with CARDOZO, Ch. Over the past decade, several city governments across the country have filed suits against banks pursuant to the Fair Housing Act seeking redress for municipal damages caused by the banks’ discriminatory lending practices. 28 Id . However, proximate cause unless we have established actual cause will be analyzed Under or... 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