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