We all have a story – a story for the same story someone else just told. This story, however, is different because it is motivated by different factors. As you may know, the Palsgraf v. Long Island R.R. mural project is part of the Colorado Springs Downtown Development Authority 2009 Challenge Grant program. Sierra Madre Investments, LLP (“SMI”) proposed to paint a large exterior wall mural on the south-facing side of 14 North Sierra Madre Street, facing the Old Railroad Depot, depicting an early twentieth century railroad station scene. The idea was for the project to mirror the current Old Depot that now serves as Guiseppe’s Restaurant, which will make the mural relevant to all.  Given the building’s long standing use as a law firm, we, the members, wanted to draw inspiration for the action or scene depicted in the mural from a famous court case in the law that arose from a minor accident (nothing gruesome) at a railroad station, in order to give the mural further relevance and significance to the legal community.  The facts of the famous negligence case, Palsgraf v. Long Island R.R., are as follows:

Helen Palsgraf was standing on a rail road platform in New York City on August 24, 1924, waiting for a train to take her and her two daughters to Rockaway Beach. Two passengers came running across the platform to catch a train.  One of the passengers carried a package under his arm.  He appeared to two of the railroad‘s employees to be falling. One employee attempted to pull the passenger into the train and the other, from the platform, attempted to push him into the car from behind. As a result of the employees’ pulling and pushing efforts, the passenger dropped the package he was holding, which fell on the rails. Unbeknownst to the employees, the package contained fireworks. It exploded when it hit the rails. The explosion allegedly knocked down scales at the other end of the platform (although later testimony suggests that a panicking bystander may have upset the scale), which injured Mrs. Palsgraf. Palsgraf sued the railroad, claiming her injury resulted from the negligent acts of the employees.

Ms. Palsgraf sued the railroad for negligence. Her complaint was dismissed in a seminal opinion and dissent that pitted two great thinkers in American jurisprudence against each other. The Palsgraf legal opinion is a required reading in law school today, in part because of the theoretical depth of the opinion and in part of this is due to the urban legend-like facts of the case, and the mental images that are easy to draw from those facts.

Today, the large, outdoor wall mural sits a block away from where General Palmer’s crew drove the first stake for the planned town of Colorado Springs and is a historical reflection, a time portal, into the busy scene that was the Old Railway Depot in the early twentieth century.  As our City’s planners plan the next evolution of downtown form, the Palsgraf v. Long Island R.R. mural gives a momentary pause, an anchor, to reflect on the great migration that brought many to visit and remain in Colorado Springs and a reminder that the quality of life present in our great city continues to keep us here. Our mural emphasizes links to our community’s past and decorate and add an artistic flair to the present.  It serves as a window into the past and give some perspective on the past uses of some important downtown landmarks.  It will give the Old Depot and Engine 168 (situated in Antler’s Park) relevance.

Our railway wall mural project is not only unique, but it is a state-of-the art, which benefits not only all of downtown Colorado Springs, but the whole community. It brightens and inspires: (1) the daily throng of Pikes Peak Community College students and artisans; (2) those less fortunate in our community who are currently availing themselves of the corridor between the Red Cross homeless shelter and the Marian House soup kitchen; (3) the numerous downtown joggers and bicyclists who pass by Sierra Madre Street or the park (they will have a great view of the south-facing wall while headed North on Sierra Madre Street); (4) the customers of Giuseppe’s Old Depot Restaurant, El Tesoro Restaurant and Gallery, and many of the local businesses in the Old Depot shopping center; and (5) the visitors of the downtown area and the Pikes Peak region. Our railway mural improves the environment and enliven the arts and cultural district budding on Sierra Madre Street.

The Palsgraf v. Long Island R.R. mural revitalizes the image of downtown Colorado Springs, which is the heart and soul of our community. It gives a meaning to the historical nature of the downtown area and the railroad history, which, while unspoken has a meaning to the long-term residents of the Pikes Peak region, but not the newer generation, which must be told the story for years to come.  So, how can we better tell the story of our community than through the Palsgraf v. Long Island Rail Road Co. wall mural?