alley near 26th Street and Third Avenue, Manhattan. L wrote about this very case last week! It said that the cab driver was suddenly faced with patent danger, not of its own making, and the court presumed he abandoned the vehicle involuntarily. The Voice for Real Estate in St. Charles County The highwaymen separated but the chaser went after the 6. I.e., where are the flaws? Fortunately the injuries sustained were comparatively slight. The court ruled that the driver was not negligent in this case, as his. Iss. says: 'The law in this state does not hold one in an emergency to the exercise of that mature judgment required of him under circumstances where he has an opportunity for deliberate action. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Shit yeah I read it saw the name on your cobloggers site. Generally, a person owes a duty to exercise reasonable care to protect others against the foreseeable risks of his act or failure to act. He did not appear at trial. . A man was mugged by two men at gunpoint. It appears that a man, whose identity it would be indelicate to divulge was feloniously relieved of his portable goods by two nondescript highwaymen in an alley near 26th Street and Third Avenue, Manhattan; they induced him to relinquish his possessions by a strong argument ad hominem couched in the convincing cant of the criminal and pressed at the point of a most pursuasive pistol. Co. .docx, Cordas v. Peerless Transport Co. Brief.doc. GOVT 280- City Court of New York, New York County, 1941, Reasonable and prudent action is based on the set of circumstances under, Yes. Defendant: Peerless Transportation Co Can I have it one more time, but in English, please? Suggestions of feasibility Gives other the opportunity to "learn the safe way Cordas v. Peerless Transportation Co. (cab driver jumping out of car when at gun point) Emergency doctrine: the standard of applicable to a person acting in the face of sudden peril is the "reasonable person in an emergency" =useful in the juries mind . 4. The cab driver jumped out of the car and ran towards 26th street, while the Kolanka v. Erie Railroad Co. says: The law in this state does not hold one in an . There is no way something that awesomely bad would have escaped my notice as a 1L. Annual Subscription ($175 / Year). I think I just read the worst written opinion ever. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941 27 N.Y.S.2d 198 Relevant Facts The defendant was the driver of a taxicab, and one day a man with a gun jumped into his cab and told him to drive. 17 The court found in favor of cab company. him, if he were not faced with a situation needing immediate response. Save my name, email, and website in this browser for the next time I comment. Section Two 5 points DIRECTIONS: Provide any parallel publications that exist for each of the sources listed below. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. .] Note that not all of the publications that are listed have parallel citations. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. regarded negligent under ordinary circumstances, such as when they are Brief Fact Summary. . CASE BRIEF WORKSHEET Title of Case: Cordas v.Peerless Transportation Co., City Ct. of NY 1941 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): D was a cab driver. Cabby says, F-this! and jumps out of the cab. Can you tell I got behind in my blawg reading? \blacktriangleright State whether you agree or disagree with Blakes method of handling each situation stander in Morris v. Platt, represent one important strain of cases.11 Injurying under coercion represents the other. If under normal circumstances an act is done which might be considered negligent it does not follow as a corollary that a similar act is negligent if performed by a person acting under an emergency, not of his own making, in which he suddenly is faced with a patent danger with a moment left to adopt a means of extrication. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Negligence, in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all. Man chases the muggers, and the muggers split up. The learned attorney for the plaintiffs concedes that the chauffeur acted in an emergency but claims a right to recovery upon the following proposition taken verbatim from his brief: 'It is respectfully submitted that the value of the interests of the public at large to be immune from being injured by a dangerous instrumentality such as a car unattended while in motion is very superior to the right of a driver of a motor vehicle to abandon same while it is in motion even when acting under the belief that his life is in danger and by abandoning same he will save his life'. | Premise: If taxes are increased, then taxpayers will have less disposable income. Privacy Policy. Cordas v. Peerless Transportation Co. . Returning to our chauffeur. But I suspect the judge was bored. Memos & Mirth is a Texas-based photography blog by Dennis Jansen. 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 chauffeur in reluctant acquiescence proceeded about fifteen feet, when his hair, like unto the quills of the fretful porcupine, was made to stand on end by the hue and cry of the man despoiled accompanied by a clamourous concourse of the law-abiding which paced him as he ran; the concatenation of stop thief, to which the patter of persistent feet did maddingly beat time, rang in his ears as the pursuing posse all the while gained on the receding cab with its quarry therein contained. Thats exactly what I had to do as I read it. His use of metaphor? . Note: The following opinion was edited by LexisNexis Courtroom Cast staff. required to exercise unerring judgment, which would be expected of him, were An actual opinion from the City Court of New York, New York County, 1941. It appears that a man, whose identity it would be indelicate to divulge was feloniously relieved of his portable goods by two nondescript highwaymen in an alley near 26th Street and Third Avenue, Manhattan; they induced him to relinquish his possessions by a strong argument ad hominem couched in the convincing cant of the criminal and pressed at the point of a most persuasive pistol. A reasonable man can be expected to protect himself Roberts v. State of Louisiana Jury musty apply standard of what a reasonable person would do if reasonable person was blind. It said that the law does not hold one in an emergency to the exercise of that mature judgment required of him under circumstances where he has an opportunity for deliberate action. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). The driver sped up, swerved the car and jumped out the door. The burden of responsibility, Directions:Provide the correct citation to the following fictional cases. . Instructor Test Bank, Chapter 4 - Summary Give Me Liberty! Kolanka v. Erie Railroad Co., . responding to an emergency that wasn't their fault and they are in immediate Co., 27 N.Y.S.2d 198, 199, 201 (City Court of N.Y. 1941). Cordas v. Peerless Transportation Co. I'm a 1L reading this torts case. 1. As a lonely chauffeur in defendants employ, he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic.. plaintiff: Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew He abandoned the car in the highway where a cab containing a mother and child ran onto the embankment and were injured. When a court adopts a penal statute as the standard of care in an action for negligence, violation of that statute establishes a prima facie case of negligence, with the determination to be made by the finder of fact whether the party accused of violating the statute has established a legally sufficient excuse. Other employees prepare the orders. When armed robbers pointed a gun at a taxi driver's head, the driver jumped out of the cab, and the running cab struck pedestrians. Save my name, email, and website in this browser for the next time I comment. ], Use of this website constitutes acceptance of the Terms and Conditions and The Physical and Mental Attributes of the Reasonable Person ROBERTS v. STATE OF LOUISIANA 5. Case: Cordas v. Peerless Transportation Co. 27 N.Y.S 198 (N. City Ct. 1941) His allusions to classical literature and mythology? | Cordas v. Peerless Transportation Co. City Court of New York, New York County 27 N.Y.S.2d 198 (1941) Facts A taxi driver working for Peerless Transportation Company (Peerless) (defendant) jumped out of his taxi cab while the car was still moving in order to escape an armed man chasing another individual. Rules 2 (1993). NY Times Paywall - Case Analysis with questions and their answers. [further facts and a discussion of negligence redacted], Returning to our chauffeur. For example, where you quote the Justice as writing: As a lonely chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic, you have two errors. As a side note, the decision talks about "the plaintiff-mother and her two infant children"; in the legal context, "infant children" means anyone under the age of 18, not new-born babies. As a lowly chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. Breunig v. American Family Ins. The circumstances provide the foil by which the act is brought into relief to determine whether it is or is not negligent. 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. Holding 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. As a result of the drivers actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Co. Italian Cowboy Partners, Ltd. v. Prudential Ins.

. Cordas v. Peerless Trans. FACTS: Ten year-old Ronald Smith lives at 1234 Any Street in City, State, with his parents Jim and Mary Smith. Criminal threatened the taxi driver with a gun. 942, U.S. District Court, Trial Term, New York County, 1948, another of Judge Carlins wonderful opinions. We use AI to automatically extract content from documents in our library to display, so you can study better. v. PEERLESS TRANSP. Luckily this opinion is the exception (rather than the rule) for my textbooks. toward 2nd Avenue. The judgment of trial court was dismissed. Prior to Blakes joining the coffee shop, each employee working on a shift would take a customer order, accept payment, and then prepare the order. The defendant is the driver's employer. I tagged you for a lil something- when you have free time. Issue: Whether abandoning a running car is considered to be reasonable . Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . It has been most authoritatively held that 'negligence in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all.' http://butnothanks.blogspot.com/2008/09/5-blogs-5-bloggerspass-it-on.html. Thanks to all the folks whosent in this classic. Synopsis of Rule of Law. circumstances. [rest of the opinion redacted]. Full Document, Business Law- Case Brief for Palsgraf v. Long Island Railroad Company.pdf, Business Law- Bell v. Irace Case Brief.pdf, Law 402 Class 26 Case Brief of Tarasoff v. University of California.docx, The address on your evidence documentation must be the same address provided to, Nothing happens A string is printed to the standard out An instance of the class, A simple approach to represent nominal variables in a dataset is to assign a, Vitamin A as retinol Milk yoghurt and cheese Vitamin A as betacarotene Milk and, When a teacher and students create a text together they engage in a proofreading, No part of this document may be reproduced in any form or by any means without, Pinching the nerve under the biceps brachii muscle to bring it closer to the, The Federal and State court systems have similar.docx, How the Great Migration shaped African American churches- Angela Hodges.docx, BSBWOR301_Student Assessment TH v2.0.docx, D2B38D5F-68B8-48B9-8DF2-CE79AD58806C.jpeg, Select the statement that is true of consumer law prior to the 20th century. 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