to law professor David Owen in his 2009 article, "the Restatement (Third) discards Judge Cardozo's elemental work in Palsgraf so long ago. And ... also rejects Judge Andrew's valuable insight that juries should be offered a wide range of fairness factors, beginning with foreseeability, in figuring how far responsibility should extend". Discussion According to Posner, "Cardozo's 'bottom line' is that there is no liability to an unforeseeable plaintiff". Don Herzog, in his 2017 book, deemed the Palsgraf principle to mean that "if anyone was wronged here, it was the man with the parcel. The guards' wronging him happened to harm Mrs. Palsgraf. But that doesn't mean they wronged Mrs. Palsgraf. And if they didn't wrong her, she can't conceivably prevail in a tort action. Cardozo is not thinking that if he were on the jury, he wouldn't find the railroad liable. He is saying it was a legal error to let the jury finding stand." This is because "the crucial fact for Cardozo is that the parcel of explosives was unmarked. So reasonably careful conductors worry only that if they make it fall, it will break ... They have no reason to worry about the welfare of Mrs. Palsgraf." Cardozo has been praised for his style of writing in Palsgraf. Posner noted that in the facts of the case Cardozo "saw instantiated the basic principles of negligence law and was able to articulate them in prose of striking freshness, clarity, and vividness", in an opinion mostly written in short sentences and lacking footnotes or block quotes. University of Pennsylvania Law School Professor Kim Lane Scheppele noted that the opinion was "written by Judge Benjamin Cardozo at the height of his formidable powers". Richard Polenberg, in his study of that jurist, stated, "Cardozo had a genius for making it seem that the results he reached were logical, inevitable, and legally unassailable". Prosser stated, "with due respect to the superlative style in which both [Cardozo's and Andrews' opinions] are written, neither of them wears well on long acquaintance. Both of them beg the question shamelessly, stating dogmatic propositions without reason or explanation." Herzog was also less enthusiastic, noting that "the majority opinion is unfortunately written in the curious idiolect I sometimes call Cardozo-speak." From its early days, there has been criticism of Palsgraf, and more recently, of Cardozo for authoring it. Cowan, writing in 1938, described its holding as limited to its