A unanimous Strange Judicial Opinions Hall of Fame opinion is Cordas v. Peerless Transportation Co., penned in 1941 by Judge Carlin (no relation to George) of the New York City Court. Prosser, pp. How should the standard of care be measured when an individual is placed in an emergency situation? This was 100% of all the recorded Cordas's in the USA. Also, this might have been different if there were more serious injuries. Name. 27 N.Y.S.2d 198. Citation Cordas v. Peerless Transp. Nova Southeastern. Case: Trimarco v. Klein . Their injuries were minor. Cordas v. Peerless Transportation Company appears as a principal case in at least two casebooks on the of Torts, and as a note case in at least three others. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. I fear the daughter is destined to be employed there. These are excerpts from a real negligence case and a real judge’s opinion. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. Instant Facts Cordas (P), a pedestrian, sued Peerless Transportation (D) for injuries that Cordas (P) sustained when hit by Peerless Transportation's (D) cab from which the driver jumped while a gun was held to his head. 446 S.W.2d 599 (Mo. D cannot be liable under the facts submitted. Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. The 1941 New York legal ruling in Cordas v Peerless Transport Company is illustrative of excusable conduct [ 2 ]. Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. The car continued, out of control, injuring a woman and her two children. Also, there are a few interesting cases, like Cordas v. Peerless Transportation Co., in which the judge was apparently a frustrated playwright: This case presents the ordinary man--that problem child of the law--in a most bizarre setting. I like where he talks about Hamlet for like a paragraph and the phrase "fleshy tablets of sentient creation". Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. It's different if the D created the dangerous situation. A taxi driver working for the Defendant, Peerless Transportation Co. (Defendant), jumped from his taxi while it was running to escape an armed highwayman who was being pursued by his victim. The taxi company was not held liable for its driver’s actions. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. Roberts v. State of Louisiana. In Cordas v. Peerless Transportation Co.,13 a taxi driver jumped from his car while it was running in order to escape a gunman who had boarded it. P sued D in negligence. Design by Free CSS Templates. Canney v. State (Fla. Ct. App. It hopped the sidewalk and hit P and her two children. 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent … D did not … Copyright (c) 2009 Onelbriefs.com. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. Pennsylvania had the highest population of Cordas … Note private necessity to preserve his life. CORDAS V. PEERLESS TRANSPORTATION CO. City Ct. of N.Y., 27 N.Y.S.2d 198 (1941) NATURE OF THE CASE: This was an action to recover damages for negligence. The defendant is the driver's employer. In Cordas, a panicked cab driver jumped out of a moving cab, after a gunman fleeing a crime scene entered the cab and pointed a gun. Synopsis of Rule of Law. A taxi driver working for the Defendant, Peerless Transportation Co. (Defendant), jumped from his taxi while it was running to escape an armed highwayman who was being pursued by his victim. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. Cordas v Peerless Transportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) [ 2 ]. Cordas v. Peerless Transp. Torts Case Briefs by Bram. Cordas v. Peerless. Within an emergency situation there are different expectation concerning the standard of a reasonable person then in a non-emergency situation . Whether abandoning a running car is reasonable behavior. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). If you are interested, please contact us at [email protected] Co. LexRoll.com > Law Dictionary > Torts Law > Cordas v. Peerless Transp. Cordas sued Peerless for negligence. Recommended Citation The driver’s defensive Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. The circumstances dictate what is or is not prudent action. Cordas v. Peerless Transportation Co. 4 Scott v Shepherd (1773) 2 Black W 892, 896; 96 ER 525, 527. Cordas is, by far, the single best case we’ve read all year. Cordas v. Peerless is indeed hilarious. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). D did not put the emergency brake on, so the cab continued to roll. Reasonable and prudent action is based on the set of circumstances under which the actions took place. The most Cordas families were found in the USA in 1920. Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Moore v. The Regents of the University of California, Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. Brief Fact Summary. Discussion. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. The Cordas family name was found in the USA, and the UK between 1840 and 1920. Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. Roberts v. State of Louisiana; ... Martin v. Herzog Causation In Fact Proximate Or Legal Cause Joint Tortfeasors Duty Of Care Owners And Occupiers Of Land Wrongful Death And Survival Procedural Basis: Appeal from action for personal injury. Issue. 393 A.2d 1175 (Pa. 1978) Alexander v. The family sues for negligence, and the court discusses sudden emergency. Thus driver wasn't negligent because within the circumstances he took reasonable and prudent actions. The driver was not negligent in this case, as his actions were in response to an emergency situation. The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeur’s brains out. posted by Winnemac at 6:28 PM on July 12, 2011 . Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. The driverless car mounted the sidewalk and injured a mother and her two children. In 1840 there was 1 Cordas family living in Pennsylvania. He jumped in the back of D's cab, put a gun to his head, and told him to drive. A mission impossible style exit from a taxicab, and an injured family results. Peerless Transp. Taxi cab driver jumps out of car to avoid death and the car continues and hits the plaintiff's family. The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeur’s brains out. The conduct of an individual in an emergency situation cannot be measured by the same standard of care as a reasonable person in a non-emergency situation. D slammed on his brakes suddenly and jumped out of the car. LEXIS 1709 (N.Y. City Ct. 1941). Negligence is defined as the failure to exercise that care and caution which a reasonable and prudent person ordinarily would exercise under like conditions or circumstances. Cordas v. Peerless Transp. Negligence: The Standard of Care Cordas v. Peerless Transportation Co. Some hoodlum robbed someone and ran away. A. Abernathy v. Sisters of St. Mary's. Trial court dismissed the complaint. Case: Delair v. McAdoo . Co ., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941). Co. | Law Dictionary. Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. He jumped in the back of D's cab, put a gun to his head, and told him to drive. All rights reserved. A unanimous Strange Judicial Opinions Hall of Fame opinion is Cordas v. Peerless Transportation Co., penned in 1941 by Judge Carlin (no relation to George) of the New York City Court. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Co. One-Sentence Takeaway: In applying the “reasonable person” negligence standard analysis, the conduct of a person faced with unexpected and sudden emergency, not created by that person’s own actions, should be measured by how a reasonable … Negligence is measured according to the circumstances surrounding the event.. An action that may be negligent under normal circumstances may not be negligent under an emergency situation not of the D's making. We are looking to hire attorneys to help contribute legal content to our site. Calnan draft: 6/11/07 5 NO-DUTY-TO-RESCUE RULE it continued in motion.21 The abandoned vehicle eventually rolled onto a crowded sidewalk, where it struck a mother and her two infant Cordas v Peerless Transportation Co. The case is Cordas v Peerless Transportation Co.6 In Cordas, a chauffeur jumped from his moving car in order to escape from a gunman. D slammed on his brakes suddenly and jumped out of the car. The car ran up onto the sidewalk and injured P. Issue: Whether abandoning a running car is reasonable behavior. Facts: A cab driver, an employee of Peerless Transportation … The robber pointed a gun at the driver and told him to go. NYC City Court reversed, reinstated P's complaint. Held. In Cordas v. Peerless Taxi Company , 27 N.Y.S.2d 198 (1941), Justice Carlin held that a taxicab driver hijacked at gunpoint by a fleeing mugger in New York City may be excused from negligence for jumping out of the moving taxicab to save his own life, leaving the … As a lonely chauffeur in defendant’s employ, he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic.” The runaway cab injured a mother and her two children. Robinson v. 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