Case: Delair v. McAdoo . Thus driver wasn't negligent because within the circumstances he took reasonable and prudent actions. Held. Discussion. Procedural Basis: Appeal from action for personal injury. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. 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 put the emergency brake on, so the cab continued to roll. Within an emergency situation there are different expectation concerning the standard of a reasonable person then in a non-emergency situation . Robinson v. Lindsay Supreme Court of WA - 1979 Facts: P was an 11-year-old girl riding on the back of a snowmobile operated by 13-year-old boy D. In an accident, P's thumb was cut off on the snowmobile. D cannot be liable under the facts submitted. Prosser, pp. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Recommended Citation The most Cordas families were found in the USA in 1920. Trial court dismissed the complaint. 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. 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. 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 … 393 A.2d 1175 (Pa. 1978) Alexander v. It's different if the D created the dangerous situation. 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. 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. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. 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 ]. 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. Torts Case Briefs by Bram. 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. 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. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . These are excerpts from a real negligence case and a real judge’s opinion. Cordas v. Peerless Transportation Co. He jumped in the back of D's cab, put a gun to his head, and told him to drive. 446 S.W.2d 599 (Mo. Cordas v Peerless Transportation Co. D slammed on his brakes suddenly and jumped out of the car. Cordas v. Peerless. 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. The driverless car mounted the sidewalk and injured a mother and her two children. Reasonable and prudent action is based on the set of circumstances under which the actions took place. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. The circumstances dictate what is or is not prudent action. Synopsis of Rule of Law. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. 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. The 1941 New York legal ruling in Cordas v Peerless Transport Company is illustrative of excusable conduct [ 2 ]. Nova Southeastern. Pennsylvania had the highest population of Cordas … posted by Winnemac at 6:28 PM on July 12, 2011 . Brief Fact Summary. NYC City Court reversed, reinstated P's complaint. The family sues for negligence, and the court discusses sudden emergency. Cordas v. Peerless Transp. 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). In 1840 there was 1 Cordas family living in Pennsylvania. 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. Co. | Law Dictionary. Their injuries were minor. All rights reserved. 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. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. A mission impossible style exit from a taxicab, and an injured family results. The car continued, out of control, injuring a woman and her two children. 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 Canney v. State (Fla. Ct. App. The Cordas family name was found in the USA, and the UK between 1840 and 1920. 4 Scott v Shepherd (1773) 2 Black W 892, 896; 96 ER 525, 527. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. It hopped the sidewalk and hit P and her two children. The runaway cab injured a mother and her two children. 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. I fear the daughter is destined to be employed there. The driver was not negligent in this case, as his actions were in response to an emergency situation. If you are interested, please contact us at [email protected] We are looking to hire attorneys to help contribute legal content to our site. D slammed on his brakes suddenly and jumped out of the car. Name. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Citation Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. P sued D in negligence. 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.” Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. A. Abernathy v. Sisters of St. Mary's. This was 100% of all the recorded Cordas's in the USA. D did not … 27 N.Y.S.2d 198. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. 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. 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 … The driver’s defensive LEXIS 1709 (N.Y. City Ct. 1941). Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. Taxi cab driver jumps out of car to avoid death and the car continues and hits the plaintiff's family. 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. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). Co ., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941). Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. The robber pointed a gun at the driver and told him to go. Some hoodlum robbed someone and ran away. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. The defendant is the driver's employer. Cordas v. Peerless is indeed hilarious. Co. LexRoll.com > Law Dictionary > Torts Law > Cordas v. Peerless Transp. Cordas v. Peerless Transp. Whether abandoning a running car is reasonable behavior. Facts: A cab driver, an employee of Peerless Transportation … Roberts v. State of Louisiana. How should the standard of care be measured when an individual is placed in an emergency situation? Negligence: The Standard of Care Cordas v. Peerless Transportation Co. Cordas sued Peerless for negligence. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. 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. The car ran up onto the sidewalk and injured P. Issue: Whether abandoning a running car is reasonable behavior. Cordas is, by far, the single best case we’ve read all year. Note private necessity to preserve his life. Peerless Transp. Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. Issue. Case: Trimarco v. Klein . Copyright (c) 2009 Onelbriefs.com. Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 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 Also, this might have been different if there were more serious injuries. Design by Free CSS Templates. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). 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. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. 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