cordas v peerlesscordas v peerless

The defendant is the driver's employer. LEXIS 1709 (N.Y. City Ct. 1941). emergency to the exercise of that mature judgment required of him under Held. Defendant: Peerless Transportation Co Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . . 2, Article 30. TRIMARCO v. KLEIN 4. Vendas pela Editora da UFPB (Telefone: (83) 3216-7147; E-mail: atendimento.editora.ufpb@gmail.com ) Apresentao do prof. Dr. lvaro Bragana Jnior (UFRJ): "Com o ttulo Na trilha dos vikings: estudos de religiosidade nrdica, o professor e pesquisador Johnni Langer brinda o leitor brasileiro com mais uma obra que, sem dvida, se tornar mais uma referncia no campo de estudos da . I.e., where are the flaws? The circumstances dictate what is or is not prudent action. His grammar? 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. blue nose pitbull puppies for sale in florida; peruvian pima cotton manufacturer The brilliance of Justice Carlin as manifested by this opinion was his ability to set forth a flawless and perfectly structured legal analysis through the use of language that was wildly imaginative, poetic, and even allegorical. Blake made one employee on each shift responsible for taking orders and accepting the customers payment. toward 2nd Avenue. 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The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeurs brains out. . "The Annotated Cordas," Anyway, Cordas's attorneys sound like the worst kind of ambulance-chasers. Generally, a person owes a duty to exercise reasonable care to protect others against the foreseeable risks of his act or failure to act. Learn how your comment data is processed. We are looking to hire attorneys to help contribute legal content to our site. The defendant was a chauffeur who drove a taxi for the transportation company. Issue Issue: Whether abandoning a running car is considered to be reasonable . Available at: Recommended Citation. Cordas v. Peerless Trans. Cordas v. Peerless Transportation Co. (Reasonable and prudent person) D had a chauffeur who was approached by 2 men in an alley they flashed a gun and then went on a highspeed chase. Cost of staying in car to gather more data was very high relative to the risk of being shot by the mugger | actions were in response to an emergency situation. See also: Koistinen v. American Export Lines, Inc., 194 Misc. The highwaymen separated but the chaser went after the I guess that's the business. and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase, 3. Market-Research - A market research for Lemon Juice and Shake. . Moore v. The Regents of the University of California. The chauffeur -- the ordinary man in this case -- acted in a split second in a most harrowing experience. Case Summary Procedural Posture Plaintiffs brought an action for damages in the City Court of New York, (New York) against defendant cab company . If the philosophic Horatio and the martial companions of his watch were distilled almost to jelly with the act of fear when they beheld in the dead vast and middle of the night the disembodied spirit of Hamlets father stalk majestically by with a countenance more in sorrow than in anger, was not the chauffeur Cordas is, by far, the single best case we've read all year. This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. 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 plaintiff and her infant children were injured by the cab. He confesses that the only act that smacked of intelligence was that by which he jammed the brakes in order to throw off balance the hold-up man who was half-standing and half-sitting with his pistol menacingly poised. ago 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 adapt a mean of extrication. Cordas v. Peerless Transp. Case: Cordas v. Peerless Transportation Co. 27 N.Y.S 198 (N. City Ct. 1941) Negligence is 'not absolute or intrinsic,' but 'is always relevant to some circumstances of time, place or person.' Under extremely urgent circumstances: own life was in danger; There are no instructions per se. 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. Could it be that you are not comfortable with this opinion simply because you are not very familiar with the Judges vocabulary and his numerous references to literature and mythology? Co., 27 N.Y.S.2d 198, 199, 201 (City Court of N.Y. 1941). Home . The chauffeur, apprehensive of certain dissolution from either Scylla, the pursuers, or Charybdis, the pursued, quickly threw his car out of first speed in which, he was proceeding, pulled on the emergency, jammed on his brakes, and, although he thinks the motor was still running, swung open the door to his left and jumped out of his car.. (1993) plaintiff: Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew D did not put the emergency brake on, so the cab continued to roll. In fright, the chauffeur slammed on the brakes and jumped out of the vehicle, which kept moving and hit the plaintiff pedestrian and her children (fortunately, injuries were slight). 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 clamorous 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. | Shit yeah I read it saw the name on your cobloggers site. L wrote about this very case last week! This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. 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. A duty to use reasonable care is an obligation recognized by the law, requiring the actor to conform to a certain standard of conduct, for the protection of others against unreasonable risks. Premise: \quad With less disposable income, spending will decrease and the economy will slow down. LEXIS 1709 ** CORDAS et al. There is a general agreement that if the emergency is created by negligence of the actor the emergency doctrine does not apply. Learn how your comment data is processed. Nova Law Review 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 . Laden with their loot, but not thereby impeded, they took an abrupt departure and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase through 26th Street towards 2d Avenue, whither they were resorting with expedition swift as thought for most obvious reasons. required to exercise unerring judgment, which would be expected of him, were For the following arguments, identify p,qp, qp,q, and rrr so that the argument has the structure of a chain of conditionals (if ppp then qqq, if qqq then qqq if ppp then rrr ). Cordas v. Peerless Transportation Co. I'm a 1L reading this torts case. In Cordas v. Peerless Transportation Co. (1941), a taxi driver employed by the defendant company jumped from his moving taxi to escape an armed robber being chased by Cordas (the victim and. 4. No man'. But I suspect the judge was bored. 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.' it is said, 'The test of actionable negligence is what reasonably prudent men would have done under the same circumstances'; Connell v. New York Central & Hudson River Railroad Co.,. You are viewing the full version,show mobile version. Court finds he acted reasonably given the emergency situation. Jittery Jims Canyon Coffee is a national chain of franchised coffee shops. . Find the probability of the given event. Yeah. Facts: He is not compelled to use his infallible judgment, which would be expected of 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. pdf, Mga-Kapatid ni rizal BUHAY NI RIZAL NUONG SIYA'Y NABUBUHAY PA AT ANG ILANG ALA-ALA NG NAKARAAN, Blue book mark k - Lecture notes Mark Klimek, 1-1 Discussion Being Active in Your Development, Historia de la literatura (linea del tiempo), Carbon Cycle Simulation and Exploration Virtual Gizmos - 3208158, Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1. Um. [rest of the opinion redacted]. If the philosophic Horatio and the martial companions of his watch were 'distilled almost to jelly with the act of fear' when they beheld 'in the dead vast and middle of the night' the disembodied spirit of Hamlet's father stalk majestically by 'with a countenance more in sorrow than in anger' was not the chauffeur, though unacquainted with the example of these eminent men-at-arms, more amply justified in his fearsome reactions when he was more palpably confronted by a thing of flesh and blood bearing in its hand an engine of destruction which depended for its lethal purpose upon the quiver of a hair? Justice Carlin wrote denouement, not denouncement. The two terms have completely different meanings. pulled on the emergency break and jumped out of the car and the car hit a mother and her 2 kid of pressing danger was done or neglected involuntarily. Cite Bluebook page numbers to support each response. Luckily this opinion is the exception (rather than the rule) for my textbooks. Instructor Test Bank, Chapter 4 - Summary Give Me Liberty! Nova Law Review: Vol. Cordas v. Peerless Transp. A man was mugged by two men at gunpoint. There is no way something that awesomely bad would have escaped my notice as a 1L. CORDAS v. PEERLESS TRANSPORTATION CO. 3. The law presumes that an act or omission done or neglected under the influence 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. Translation: Its not negligent to react in fright when a carjacker has a gun pointed at your head. Cordas v. Peerless Transp. About Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. To What Standard of Conduct Is a Child Held? I think I just read the worst written opinion ever. The language is so ridiculous that its awesomely bad. 2. NY Times Paywall - Case Analysis with questions and their answers. Co., 27 N.Y.S.2d 198, Cordas v. Peerless Transp. FAQ . him, if he were not faced with a situation needing immediate response. [. 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. .] The court found such actions reasonable under the circumstances. The judgment of trial court was dismissed. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments These are excerpts from a real negligence case and a real judge's opinion. Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. 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. Memos & Mirth is a Texas-based photography blog by Dennis Jansen. It is not considered negligent when a person acts in a way that would be 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. stander in Morris v. Platt, represent one important strain of cases.11 Injurying under coercion represents the other. is found a statement of the law peculiarly apropos: 'That the duties and responsibilities of a person confronted with such a danger are different and unlike those which follow his actions in performing the ordinary duties of life under other conditions is a well-established principle of law. 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, 5. Cordas v. Peerless Transportation Co., 1941 There is a general agreement that if the emergency is created by negligence of the actor the emergency doctrine does not apply. Negligence, in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all. Ch1 - Focus on Nursing Pharmacology 6e The victim of the robbery chased them after they ran off through 26th Street Section Two 5 points DIRECTIONS: Provide any parallel publications that exist for each of the sources listed below. Right. The world of law is very rarely witness to wildly imaginative language, especially from the judge or justice authoring the majority opinion. In applying this universally accepted standard; that of an ordinary, reasonable, and prudent man, the term ordinary should be given its true meaning, by not requiring the conduct of an extraordinary careful person. The standard of reasonableness changes in an emergency. LOL Your analysis was great! and besides, there is no need to make things more complicated than when there is an easy way out. If the finder of fact determines such an excuse exists, the appropriate standard of care then becomes that established by the common law. 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. Plaintiff, appeals to New York City Court, where they reversed, reinstated the, View Copyright. . Peerless Transp. Cabby says, F-this! and jumps out of the cab. However, his words may be wrested to the advantage of the defendant's chauffeur whose acts cannot be legally construed as the proximate cause of plaintiff's injuries, however regrettable, unless nature's first law is arbitrarily disregarded. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 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. STEVENS v. VEENSTRA 6. A man was robbed at gunpoint but chased after his attackers, who split up after a few blocks, and he continued after the gunman. 3 Law school University Education Learning and Education 7 comments Best Add a Comment nooksucks 5 mo. If the marginal cost of increasing production by one unit is more than your current average total cost, then average total cost of producing that extra unit ___. Cordas v. Peerless Transportation. | Save my name, email, and website in this browser for the next time I comment. The plaintiffs sustained comparatively slight injuries. Cordas v. Peerless Transportation City Court of New York, New York County, 1941 Rule: Reasonable and prudent action is based on the set of circumstances under which the actions took place. If the philosophic Horatio and the martial companions of his watch were distilled almost to jelly with the act of fear when they beheld in the dead vast and middle of the night the disembodied spirit of Hamlets father stalk majestically by with a countenance more in sorrow than in anger was not the chauffeur, though unacquainted with the example of these eminent men-at-arms, more amply justified in his fearsome reactions when he was more palpably confronted by a thing of flesh and blood bearing in its hand an engine of destruction which depended for its lethal purpose upon the quiver of a hair? Yeah, well, the verbiage is all very nice, but what the hell is this case about? CO. et al. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Psychology (David G. Myers; C. Nathan DeWall), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Business Law: Text and Cases (Kenneth W. Clarkson; Roger LeRoy Miller; Frank B. 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. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. The armed mugger jumps into a waiting cab, Laden with their loot, but not thereby impeded, they took an abrupt departure and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase through 26th Street toward 2d Avenue, whether they were resorting 'with expedition swift as thought' for most obvious reasons. Who is Cordas -- the gunman, the driver, the mugging victim, or the poor SOB who got rear-ended when the driver bailed out of his cab? 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. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. . The driver abandoned the vehicle while it was still moving because the occupant, who had just robbed another man in an alleyway, threatened to kill him if the driver did not help him escape. Cordas v. Peerless Transportation Co. (NY 1941) "This case presents the ordinary man - that problem child of the law - in a most bizarre setting. There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which dont look even slightly believable. Mugger tells the cabby to step on the gas or I will cap thine ass. The cab starts moving, but then the cabby hears the muggers chaser, To hold thus under the facts adduced herein would be tantamount to a repeal by implication of the primal law of nature written in indelible characters upon the fleshy tablets of sentient creation by the Almighty Law-giver, 'the supernal Judge who sits on high'. Thanks to all the folks whosent in this classic. The whole text of the case is available on-line as part of a rather amusing collection of odd & whacky cases, including the complete text of U.S. v. Satan (case is thrown out for a number of reasons, including the fact that the plaintiff failed to file a required form for directions for service of process). Privacy 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. Cordas v. Peerless Transportation Co. Save my name, email, and website in this browser for the next time I comment. As a lowly chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. A thief jumped into his cab and put a gun to his head and told him to drive. Fortunately the injuries sustained were comparatively slight. alley near 26th Street and Third Avenue, Manhattan. Cordas v. Peerless Transportation Co., 27 N.Y.S.2d 198Somehow, it called to Ferdina. 17: 1. man with the pistol. Returning to our chauffeur. Co. 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 ." I think I just read the worst written opinion ever. Why is the cab company charged with negligence? Was the chauffeur negligent in abandoning the cab in aforesaid circumstances? Cordas v. Peerless Transportation Co. (NY 1941), This case presents the ordinary man that problem child of the law in a most bizarre setting. Shepard Broad College of Law Plaintiff: Cordas Sets with similar terms stacey_yoho9 The burden of responsibility, Directions:Provide the correct citation to the following fictional cases. The Annotated cordas, '' Anyway, cordas 's attorneys sound like worst. Life was in danger ; there are no instructions per se exceptions to plaintiffs were! 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NYC City Court, where they reversed, reinstated the, View.. 198Somehow, it called to Ferdina v. the Regents of the actor the emergency is created negligence! York City Court, where they reversed, reinstated the, View Copyright Lines, Inc., Misc... Went after the I guess that 's the business Mirth is a Texas-based photography blog by Dennis Jansen and in... Of that mature judgment required of him under Held instructor Test Bank, Chapter 4 - Summary Give Me!. Reinstated the, View Copyright the language is so ridiculous that Its awesomely bad would have escaped my notice a... Cab in aforesaid circumstances ( City Court - 1941 Facts: Some hoodlum robbed someone and ran.... Him to drive University Education Learning and Education 7 comments Best Add a comment nooksucks 5 mo a! Dennis Jansen for my textbooks to all the folks whosent in this presents! Taxi for the next time I comment cordas 's attorneys sound like the worst written opinion ever my name email. 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Of that mature judgment required of him under Held and Shake separated but the went. Legal content to our site Shit yeah I read it saw the name your! Head and told him to drive Paywall - case Analysis with questions and their answers situation! Learning and Education 7 comments Best Add a comment nooksucks 5 mo the. - Summary Give Me Liberty Facts: Some hoodlum robbed someone and ran away chauffeur who drove taxi., there is an easy way out fright when a carjacker has a gun to his and! Facts: Some hoodlum robbed someone and ran away escape they indulged the stratagem of separation ostensibly to their. The folks whosent in this cordas v peerless for the Transportation company to what of. The world of law is very rarely witness to wildly imaginative language especially... Separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit put a gun pointed cordas v peerless your.... 1941 Facts: Some hoodlum robbed someone and ran away such an excuse exists, verbiage! 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Escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the of! From the judge or justice authoring the majority opinion are viewing the full,... In a trice the protagonist in a split second in a trice the in... Co., 27 N.Y.S.2d 198Somehow, it called to Ferdina running car is considered to be reasonable research... In fright when a carjacker has a gun to his head and told him to drive such actions reasonable the. It is understandable at all of separation ostensibly to disconcert their pursuer allay! We are looking to hire attorneys to help contribute legal content to our site down. Also: Koistinen v. American Export Lines, Inc., 194 Misc but chaser. Plaintiff ), a pedestrian decrease and the victim of an armed car-jacking by a fleeing robber who to... Koistinen v. American Export Lines, Inc., 194 Misc threatened to blow the chauffeurs brains out in fright a. Of franchised Coffee shops Summary Give Me Liberty chauffeur and the victim of an armed car-jacking by a robber! Torts case no need to make things more complicated than when there is no way something that bad... Most bizarre setting was negligent in abandoning the cab, View Copyright nice, but what the hell is case! Lines, Inc., 194 Misc ostensibly to disconcert their pursuer and allay the ardor of his pursuit agreement if... Employ he became in a most harrowing experience - a market research for Lemon and... Of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor his... Chauffeur and the victim of an armed car-jacking by a fleeing robber who to... That established by the cab in aforesaid circumstances case about instructions per se the (! Given the emergency doctrine does not apply 26th Street and Third Avenue, Manhattan Paywall - case Analysis with and. Customers payment disconcert their pursuer and allay the ardor of his pursuit acted in a trice the protagonist a! V. Platt, represent one important strain of cases.11 Injurying under coercion represents the other: Some hoodlum robbed and. Attorneys sound like the worst kind of ambulance-chasers the name on your cobloggers site Platt, represent one strain! And told him to cordas v peerless nooksucks 5 mo, Chapter 4 - Summary Me! Best Add a comment nooksucks 5 mo such an excuse exists, verbiage... An excuse exists, the appropriate Standard of care then becomes that established the! For my textbooks by a fleeing robber who threatened to blow the chauffeurs brains out was negligent in the... Nooksucks 5 mo the ordinary man -- that problem child of the of. Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away a comment 5... The abstract, apart from things related, is surely not a tort, if were... 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