Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). 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 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. Cordas sued Peerless for negligence. The 1941 New York legal ruling in Cordas v Peerless Transport Company is illustrative of excusable conduct [ 2 ]. Issue. Within an emergency situation there are different expectation concerning the standard of a reasonable person then in a non-emergency situation . We are looking to hire attorneys to help contribute legal content to our site. Canney v. State (Fla. Ct. App. Cordas v Peerless Transportation Co. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. D did not put the emergency brake on, so the cab continued to roll. The most Cordas families were found in the USA in 1920. 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. Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. How should the standard of care be measured when an individual is placed in an emergency situation? 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. 4 Scott v Shepherd (1773) 2 Black W 892, 896; 96 ER 525, 527. This was 100% of all the recorded Cordas's in the USA. Copyright (c) 2009 Onelbriefs.com. 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. Their injuries were minor. D slammed on his brakes suddenly and jumped out of the car. posted by Winnemac at 6:28 PM on July 12, 2011 . NYC City Court reversed, reinstated P's complaint. LEXIS 1709 (N.Y. City Ct. 1941). 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 Pennsylvania had the highest population of Cordas … Taxi cab driver jumps out of car to avoid death and the car continues and hits the plaintiff's family. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. A mission impossible style exit from a taxicab, and an injured family results. Procedural Basis: Appeal from action for personal injury. Note private necessity to preserve his life. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. It hopped the sidewalk and hit P and her two children. 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 ]. The Cordas family name was found in the USA, and the UK between 1840 and 1920. Roberts v. State of Louisiana. 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. Peerless Transp. Also, this might have been different if there were more serious injuries. 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. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. The runaway cab injured a mother and her two children. Design by Free CSS Templates. Synopsis of Rule of Law. Some hoodlum robbed someone and ran away. D did not … Name. The taxi company was not held liable for its driver’s actions. 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 … Thus driver wasn't negligent because within the circumstances he took reasonable and prudent actions. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. The driver’s defensive 27 N.Y.S.2d 198. Citation Cordas v. Peerless Transp. 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. Nova Southeastern. Cordas v. Peerless. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Whether abandoning a running car is reasonable behavior. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. The robber pointed a gun at the driver and told him to go. 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. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. Reasonable and prudent action is based on the set of circumstances under which the actions took place. 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 family sues for negligence, and the court discusses sudden emergency. Brief Fact Summary. 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 Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. 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. Held. I fear the daughter is destined to be employed there. Cordas v. Peerless Transp. Co. LexRoll.com > Law Dictionary > Torts Law > Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. Cordas v. Peerless is indeed hilarious. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. The defendant is the driver's employer. 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. Torts Case Briefs by Bram. 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. Facts: A cab driver, an employee of Peerless Transportation … After both parties presented evidence at trial, Peerless moved to dismiss the complaint. 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. 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. Co. | Law Dictionary. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. I like where he talks about Hamlet for like a paragraph and the phrase "fleshy tablets of sentient creation". A. Abernathy v. Sisters of St. Mary's. Case: Trimarco v. Klein . 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent … 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. All rights reserved. Prosser, pp. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). Case: Delair v. McAdoo . These are excerpts from a real negligence case and a real judge’s opinion. 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 … Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. If you are interested, please contact us at [email protected] The car continued, out of control, injuring a woman and her two children. 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. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. 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 driver was not negligent in this case, as his actions were in response to an emergency situation. Recommended Citation Discussion. 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. D slammed on his brakes suddenly and jumped out of the car. 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. P sued D in negligence. Negligence: The Standard of Care Cordas v. Peerless Transportation Co. 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. 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). The driverless car mounted the sidewalk and injured a mother and her two children. D cannot be liable under the facts submitted. Co ., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941). Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. 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. 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