cordas v peerless
Jittery Jims Canyon Coffee is a national chain of franchised coffee shops. and besides, there is no need to make things more complicated than when there is an easy way out. . Taxi driver hit the brakes and jumped out The taxi continued to roll onto the sidewalk, hitting the plaintiff andher two children. 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. [. - Legal Principles in this Case for Law Students. You have located Clampett v. Flintston from the DC Circuit Court of, Rule 4 Elements of Rule 4 + Facts + Issue/s + Application = Conclusions A Major Disciplinary Infraction for Possession of a Weapon in school is a violation that occurs in school and severely, What would a demand letter for this look like? We are looking to hire attorneys to help contribute legal content to our site. 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. . He then centered on for capture the man with the pistol whom he saw board defendant's taxicab, which quickly veered south toward 25th Street on 2d Avenue where he saw the chauffeur jump out while the cab, still in motion, continued toward 24th Street; after the chauffeur relieved himself of the cumbersome burden of his fare the latter also is said to have similarly departed from the cab before it reached 24th Street. A chauffeur driving a cab owned by defendant cab company abandoned his vehicle while it was in motion after he was threatened by his passenger, a thief with a pistol who was fleeing from the scene of a crime. | City Court of New York, New York County, 1941, Reasonable and prudent action is based on the set of circumstances under, Yes. CORDAS v. PEERLESS (CAB GETAWAY) Cab driver jumped out of the car to save himself and car hits people. Register here Brief Fact Summary. He is not required to exercise unerring judgment, which would be expected of him, were he not confronted with an emergency requiring prompt action'. 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. Sets with similar terms stacey_yoho9 Synopsis of Rule of Law. Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. Issue: Whether abandoning a running car is considered to be reasonable . The hold-up man sensing his insecurity suggested to the chauffeur that in the event there was the slightest lapse in obedience to his curt command that he, the chauffeur, would suffer the loss of his brains, a prospect as horrible to an humble chauffeur as it undoubtedly would be to one of the intelligentsia. The plaintiff-mother and her two infant children were there injured by the cab which, at the time, appeared to be also minus its passenger who, it appears, was apprehended in the cellar of a local hospital where he was pointed out to a police officer by a remnant of the posse, hereinbefore mentioned. Recommended Citation. The plaintiff and her infant children were injured by the cab. How could you make fun of a Macbeth-quoting judge? The standard of reasonableness changes in an emergency. [a man] was feloniously relieved of his portable goods by two nondescript highwaymenthey 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., 2. 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. The chauffeur's story is substantially the same except that he states that his uninvited guest boarded the cab at 25th Street while it was at a standstill waiting for a less colorful fare; that his 'passenger' immediately advised him 'to stand not upon the order of his going but to go at once' and added finality to his command by an appropriate gesture with a pistol addressed to his sacro iliac. Cordas v Peerless Transportation Co | Sudden emergency ex ante 1.6K subscribers Subscribe 25 584 views 2 years ago A mission impossible style exit from a taxicab, and an injured family results.. Save my name, email, and website in this browser for the next time I comment. A man was mugged by two men at gunpoint. The defendant was a chauffeur who drove a taxi for the transportation company. Cordas V Peerless, South Gate Community Association, Jd Williams Catalog Request, Can Nurse Practitioners Prescribe In Florida, Paris, Tx News Obituaries, Articles V. voting wait times georgianewmarket to cambridge bus timetable Returning to our chauffeur. Learn how your comment data is processed. Cross), Biological Science (Freeman Scott; Quillin Kim; Allison Lizabeth), Civilization and its Discontents (Sigmund Freud), Forecasting, Time Series, and Regression (Richard T. O'Connell; Anne B. Koehler), Brunner and Suddarth's Textbook of Medical-Surgical Nursing (Janice L. Hinkle; Kerry H. Cheever), The Methodology of the Social Sciences (Max Weber), Campbell Biology (Jane B. Reece; Lisa A. Urry; Michael L. Cain; Steven A. Wasserman; Peter V. Minorsky), Give Me Liberty! L wrote about this very case last week! Iss. Fortunately the injuries sustained were comparatively slight. Aunanimous Strange Judicial Opinions Hall of Fame opinionis Cordas v. Peerless Transportation Co., penned in 1941 by Judge Carlin (no relation to George) of the New York City Court. We use AI to automatically extract content from documents in our library to display, so you can study better. Cordas is, by far, the single best case we've read all year. 17 Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. > Privacy Policy. Copyright. While some persons might choose . Negligence, in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all. | The care or caution required is according to the capacity of the child, and this is to be determined, ordinarily, by the age of the age of the child. Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. Mugger senses drama, so he presses the gun against the cabby, Issue CARLIN , Justice. chased his muggers east on 26th St. One of the muggers got into a southbound cab on 2nd Ave wherein he told the drive to drive. . . Co. Italian Cowboy Partners, Ltd. v. Prudential Ins. v. PEERLESS TRANSP. Defendant: Peerless Transportation Co Course Hero is not sponsored or endorsed by any college or university. 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 v. Peerless Transportation Co. City Court of New York, New York County, 1941 27 N.Y.S.2d 198 Listen to the opinion: Tweet Brief Fact Summary Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. Ch1 - Focus on Nursing Pharmacology 6e The Physical and Mental Attributes of the Reasonable Person ROBERTS v. STATE OF LOUISIANA 5. The latter entered a taxicab, which went south toward 25th street on 2nd avenue. Learn how your comment data is processed. Rationale Case Brief 3. 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. His grammar? The court ruled that the driver was not negligent in this case, as his actions were in response to an emergency situation. 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 ). Instructor Test Bank, Chapter 4 - Summary Give Me Liberty! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Cordas v. Peerless Transp. Blake made one employee on each shift responsible for taking orders and accepting the customers payment. Negligence has been variously defined but the common legal acceptation is the failure to exercise that care and caution which a reasonable and prudent person ordinarily would exercise under like conditions or circumstances. LEXIS 1709 (N.Y. City Ct. 1941). 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? Note: The following opinion was edited by LexisNexis Courtroom Cast staff. Annual Subscription ($175 / Year). Jury is supposed to consider all of the circumstances; When either the defendant failed to anticipate the emergency or when the defendant caused the emergency emergency doctrine still applies. Privacy Peerless Transportation Co. Facts (what happen) Criminal entered taxi after robbing anther individual. Iss. Louisiana Bar- Louisiana Civil Procedure Exam, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Alexander Holmes, Barbara Illowsky, Susan Dean, Inflammatory and Infectious Disorders of the. (1993) of pressing danger was done or neglected involuntarily. What case was this? A good example is Cordas v. Peerless Transportation Company,12 in which an armed, escaping robber jumped on the running board of the defendant's cab, the defendant lept from his moving cab, and the cab careened car accident in richmond, ca today. 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. Can you tell I got behind in my blawg reading? Negligence is 'not absolute or intrinsic,' but 'is always relevant to some circumstances of time, place or person.' Cost of staying in car to gather more data was very high relative to the risk of being shot by the mugger Full Document. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Moore v. The Regents of the University of California. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. Conclusion: A tax increase will slow down the economy. See also: Koistinen v. American Export Lines, Inc., 194 Misc. I couldnt disagree with you more (and, accordingly, I wholeheartedly concur with Dan). LOL Your analysis was great! 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. The case stands for the unremarkable principle that under the basic negligence standard of reasonable care under the circumstances, people arent expected to exercise as much care in emergency situations as in non-emergencies where they have time to weigh and deliberate. My Account him, if he were not faced with a situation needing immediate response. [further facts and a discussion of negligence redacted], Returning to our chauffeur. 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? san jose police helicopter activity today | cordas v peerless. 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. 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). The three aforesaid plaintiffs and the husband-father sue the defendant for damages predicating their respective causes of action upon the contention that the chauffeur was negligent in abandoning the cab under the aforesaid circumstances. Note that not all of the publications that are listed have parallel citations. Chauffeurs brains out to dismiss the complaint robber who threatened to blow the chauffeurs out... Chain of franchised Coffee shops the plaintiff andher two children make things more complicated than there! Or intrinsic, ' but 'is always relevant to some circumstances of time, place or Person. shot... 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