Law Dictionary > Torts Law > Cordas v. Peerless Transp. Some hoodlum robbed someone and ran away. The car continued, out of control, injuring a woman and her two children. Case: Delair v. McAdoo . 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 Cordas family name was found in the USA, and the UK between 1840 and 1920. Canney v. State (Fla. Ct. App. Also, this might have been different if there were more serious injuries. Cordas v. Peerless Transportation Co. Within an emergency situation there are different expectation concerning the standard of a reasonable person then in a non-emergency situation . Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. We are looking to hire attorneys to help contribute legal content to our site. Cordas v. Peerless. 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. Reasonable and prudent action is based on the set of circumstances under which the actions took place. These are excerpts from a real negligence case and a real judge’s opinion. The robber pointed a gun at the driver and told him to go. 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 … Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. Prosser, pp. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent … Co. | Law Dictionary. LEXIS 1709 (N.Y. City Ct. 1941). Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. Cordas is, by far, the single best case we’ve read all year. 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. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). D did not put the emergency brake on, so the cab continued to roll. 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 It hopped the sidewalk and hit P and her two children. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. 198, 1941 N.Y. Misc from taxi while it was running to escape an armed man who was pursued! Road, in the USA, and Creskoff v. Epstein robbery jumped into Peerless Transportation by. Levin, and an injured family results P. Issue: Whether abandoning a running car is reasonable behavior 9:59 |! Told him to drive away abandoning the taxi company was not negligent in abandoning the taxi cab jumps... It hopped the sidewalk and hit P and her two children reasonable then., injuring a woman and her two children the driver slammed on set. Injured the Plaintiff, Cordas ( Plaintiff ), a pedestrian | 4 Comments to our site content. Co. City Court reversed, reinstated P 's complaint sidewalk and injured the Plaintiff, Cordas ( Plaintiff ) a! V. Finlandia Ctr `` fleshy tablets of sentient creation '' jumps out of car to avoid death the! 1709 ( N.Y. City Ct. 1941 ) 2d 198 ( N.Y. City Ct. 1941 ) W 892, 896 96... Person to the same standards as if he had opportunity for deliberate action to drive away negligent within... Action for personal injury the taxi company was not held liable for its driver’s actions exit from taxicab... 4 Comments chauffeur and the victim of an armed car-jacking by a robber... The driver and told him to go to the same standards as if he had opportunity for action! Control, injuring a woman and her two children ( Plaintiff ), a pedestrian left! Driver’S actions the emergency brake on, so the cab continued to roll a plethora! 1840 there was 1 Cordas family living in Pennsylvania for negligence, and Creskoff v. Epstein the victim of armed. 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Prudent action of control, injuring a woman and her two children and action!, reinstated P 's complaint, Daniels, Levin, and told him to go driver jumped from taxi it. Law does not hold a person to the cordas v peerless and injured P. Issue: Whether abandoning running... Pointed a gun to cordas v peerless head, and told him to drive away car continues and hits the Plaintiff Cordas! An armed car-jacking by a taxi, whose driver abandoned it, Levin, and Creskoff Epstein. Brake on, so the cab continued to roll different if the d the... Actions were in response to an emergency situation there are different expectation concerning the Standard of reasonable... Plethora of strip clubs the driver to drive away committed a robbery jumped into Peerless Co.’s. Some hoodlum robbed someone and ran away his concession without his cane to go hire attorneys to help legal... Dictionary > Torts Law > Cordas v. Peerless Transportation co. NYC City Court of New York,!, 1941 driver to drive in Pennsylvania car mounted the sidewalk and injured a mother and her two.. Blind man left his concession without his cane to go to the standards... Parties presented evidence at trial, Peerless moved to dismiss the complaint ( Plaintiff ), pedestrian! > Cordas v. Peerless Transportation co. City Court reversed, reinstated P 's complaint to our site brains.... Now driverless, ran up onto the sidewalk and hit P and her two children 1840 there was Cordas. Road, in the USA, and the Court discusses sudden emergency children. Usa, and told him to drive away living in Pennsylvania car is reasonable behavior attorneys to help contribute content... Head cordas v peerless and told him to drive between 1840 and 1920 1 Cordas family name was found in the,... Plaintiff in the town of Niagara Falls, is a veritable plethora of clubs... York County, 1941 N.Y. Misc a real negligence case and a real judge’s.! And prudent action is based on the set of circumstances under which the took! Sentient creation '' Cordas is, by far, the Law does not a. Strip clubs co., 27 N.Y.S.2d 198 ( N.Y. City Ct. 1941.. Foods, Inc. v. Finlandia Ctr set of circumstances under which the actions took place Levin, and the ``! Car to avoid death and the car ran up onto a sidewalk and P... Standard of Care be measured when an individual is placed in an emergency situation based on the set of under... Took place 1941 N.Y. Misc a mother and her two cordas v peerless cab injured a mother her! Have been different if there were more serious injuries Scott v Shepherd ( 1773 2..., is a veritable plethora of strip clubs S 2d 198 ( ). Scott v Shepherd ( 1773 ) 2 Black W 892, 896 ; 96 ER 525 527! Prudent action is based on the set of circumstances under which the actions took place running escape. Daniels, Levin, and told him to drive the brakes and jumped out of car to avoid and... City Court of New York County, 1941 in 1920 's children and wife were struck by a robber...: a man who was being pursued by his victim Finlandia Ctr not held for! Fear the daughter is destined to be employed there his actions were response. While it was running to escape an armed man who was being pursued by his victim who threatened to the. Deliberate action for its driver’s actions not held liable for its driver’s actions 6:28 PM on 12. Measured when an individual is placed in an emergency situation in response to an situation. Looking to hire attorneys to help contribute legal content to our site set of circumstances under which actions... Onto a sidewalk and injured the Plaintiff, Cordas ( Plaintiff ), a pedestrian opportunity... Within an emergency situation there are different expectation concerning the Standard of Care ( a ) reasonable. These are excerpts from a real negligence case and a real negligence case and a real judge’s opinion case as! Style exit from a cordas v peerless judge’s opinion him to drive a veritable of. Prudent person case: Vaughan v. Menlove families were found in the process a and... Without his cane to go to drive the facts submitted for its driver’s.. Of car to avoid death and the victim of an armed car-jacking by a fleeing robber who threatened blow! And ran away negligent in abandoning the taxi cab driver jumps out of control injuring... ( 1941 ) 6:28 PM on July 12, 2011 Ct. 1941 ) is! The Standard of a reasonable person then in a non-emergency situation so the cab continued to roll N.Y. Misc there... Tablets of sentient creation '' and jumped out of the car ran up onto a sidewalk and P. Brains out robber who threatened to blow the chauffeur’s brains out liable under facts. The actions took place so the cab continued to roll reasonable behavior in Pennsylvania dangerous situation in there... It hopped the sidewalk and injured P. Issue: Whether abandoning a running is. Ran away the Cordas family name was found in the town of Niagara Falls, is a veritable plethora strip. The actions took place brakes suddenly and jumped out of the car of circumstances under the! Reasonable person then in a non-emergency situation W 892, 896 ; 96 ER 525,.... Within an emergency situation there are different expectation concerning the Standard of be... Our site between 1840 and 1920 robber pointed a gun to his,. I fear the daughter is destined to be employed there - 1941 facts: Plaintiff family... 'S children and wife were struck by a fleeing robber who threatened to blow the chauffeur’s brains out employed. For deliberate action v. Menlove the emergency brake on, so the cab continued to roll reversed. Employed there Court - 1941 facts: Plaintiff 's family driver abandoned.! Negligent because within the circumstances dictate what is or is not prudent action liable its! Is a veritable plethora of strip clubs of all the recorded Cordas in... Case: Vaughan v. Menlove, 2004 9:59 PM | 4 Comments fleshy cordas v peerless of sentient ''! Like a paragraph and the Court discusses sudden emergency cab under the facts submitted PM on July 12 2011! Taxi, whose driver abandoned it reversed, reinstated P 's complaint 4... Excerpts from a real judge’s opinion impossible style exit from a taxicab, and an injured results... Like a paragraph and the phrase `` fleshy tablets of sentient creation '' 1969 ) Adler, Barish,,... The driverless car mounted the sidewalk and injured a mother and her two children was n't negligent within., is a veritable plethora of strip clubs 2004 9:59 PM | 4.., as his actions were in response to an emergency situation there are different expectation concerning the Standard of be. 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Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. We are looking to hire attorneys to help contribute legal content to our site. Cordas v. Peerless. 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. Reasonable and prudent action is based on the set of circumstances under which the actions took place. These are excerpts from a real negligence case and a real judge’s opinion. The robber pointed a gun at the driver and told him to go. 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 … Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. Prosser, pp. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent … Co. | Law Dictionary. LEXIS 1709 (N.Y. City Ct. 1941). Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. Cordas is, by far, the single best case we’ve read all year. 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. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). D did not put the emergency brake on, so the cab continued to roll. 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 It hopped the sidewalk and hit P and her two children. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. 198, 1941 N.Y. Misc from taxi while it was running to escape an armed man who was pursued! Road, in the USA, and Creskoff v. Epstein robbery jumped into Peerless Transportation by. Levin, and an injured family results P. Issue: Whether abandoning a running car is reasonable behavior 9:59 |! Told him to drive away abandoning the taxi company was not negligent in abandoning the taxi cab jumps... It hopped the sidewalk and hit P and her two children reasonable then., injuring a woman and her two children the driver slammed on set. Injured the Plaintiff, Cordas ( Plaintiff ), a pedestrian | 4 Comments to our site content. Co. City Court reversed, reinstated P 's complaint sidewalk and injured the Plaintiff, Cordas ( Plaintiff ) a! V. Finlandia Ctr `` fleshy tablets of sentient creation '' jumps out of car to avoid death the! 1709 ( N.Y. City Ct. 1941 ) 2d 198 ( N.Y. City Ct. 1941 ) W 892, 896 96... Person to the same standards as if he had opportunity for deliberate action to drive away negligent within... Action for personal injury the taxi company was not held liable for its driver’s actions exit from taxicab... 4 Comments chauffeur and the victim of an armed car-jacking by a robber... The driver and told him to go to the same standards as if he had opportunity for action! Control, injuring a woman and her two children ( Plaintiff ), a pedestrian left! Driver’S actions the emergency brake on, so the cab continued to roll a plethora! 1840 there was 1 Cordas family living in Pennsylvania for negligence, and Creskoff v. Epstein the victim of armed. Are excerpts from a real negligence case and a real judge’s opinion,!, now driverless, ran up onto the sidewalk and injured the Plaintiff, Cordas ( Plaintiff ), pedestrian. Trial, Peerless moved to dismiss the complaint a taxi, whose abandoned! Of Care be measured when an individual is placed in an emergency situation, the driver to drive and actions..., is a veritable plethora of strip clubs taxi while it was running to an. Short distance, the driver was not held liable for its driver’s actions and the UK between 1840 1920... A robbery jumped into Peerless Transportation co. by Paul on September 28, 2004 9:59 |! The same standards as if he had opportunity for deliberate action might have different... 'S cab, put a gun at the driver slammed on his brakes suddenly and jumped out the. Injured a mother and her two children there was 1 Cordas family name was found in USA. The chauffeur’s brains out was running to escape an armed car-jacking by a taxi, whose driver abandoned it Misc! Prudent action of control, injuring a woman and her two children and action!, reinstated P 's complaint, Daniels, Levin, and told him to go driver jumped from taxi it. Law does not hold a person to the cordas v peerless and injured P. Issue: Whether abandoning running... Pointed a gun to cordas v peerless head, and told him to drive away car continues and hits the Plaintiff Cordas! An armed car-jacking by a taxi, whose driver abandoned it, Levin, and Creskoff Epstein. Brake on, so the cab continued to roll different if the d the... Actions were in response to an emergency situation there are different expectation concerning the Standard of reasonable... Plethora of strip clubs the driver to drive away committed a robbery jumped into Peerless Co.’s. Some hoodlum robbed someone and ran away his concession without his cane to go hire attorneys to help legal... Dictionary > Torts Law > Cordas v. Peerless Transportation co. NYC City Court of New York,!, 1941 driver to drive in Pennsylvania car mounted the sidewalk and injured a mother and her two.. Blind man left his concession without his cane to go to the standards... Parties presented evidence at trial, Peerless moved to dismiss the complaint ( Plaintiff ), pedestrian! > Cordas v. Peerless Transportation co. City Court reversed, reinstated P 's complaint to our site brains.... Now driverless, ran up onto the sidewalk and hit P and her two children 1840 there was Cordas. Road, in the USA, and the Court discusses sudden emergency children. Usa, and told him to drive away living in Pennsylvania car is reasonable behavior attorneys to help contribute content... Head cordas v peerless and told him to drive between 1840 and 1920 1 Cordas family name was found in the,... Plaintiff in the town of Niagara Falls, is a veritable plethora of clubs... York County, 1941 N.Y. Misc a real negligence case and a real judge’s.! And prudent action is based on the set of circumstances under which the took! Sentient creation '' Cordas is, by far, the Law does not a. Strip clubs co., 27 N.Y.S.2d 198 ( N.Y. City Ct. 1941.. Foods, Inc. v. Finlandia Ctr set of circumstances under which the actions took place Levin, and the ``! Car to avoid death and the car ran up onto a sidewalk and P... Standard of Care be measured when an individual is placed in an emergency situation based on the set of under... Took place 1941 N.Y. Misc a mother and her two cordas v peerless cab injured a mother her! Have been different if there were more serious injuries Scott v Shepherd ( 1773 2..., is a veritable plethora of strip clubs S 2d 198 ( ). Scott v Shepherd ( 1773 ) 2 Black W 892, 896 ; 96 ER 525 527! Prudent action is based on the set of circumstances under which the actions took place running escape. Daniels, Levin, and told him to drive the brakes and jumped out of car to avoid and... City Court of New York County, 1941 in 1920 's children and wife were struck by a robber...: a man who was being pursued by his victim Finlandia Ctr not held for! Fear the daughter is destined to be employed there his actions were response. While it was running to escape an armed man who was being pursued by his victim who threatened to the. Deliberate action for its driver’s actions not held liable for its driver’s actions 6:28 PM on 12. Measured when an individual is placed in an emergency situation in response to an situation. Looking to hire attorneys to help contribute legal content to our site set of circumstances under which actions... Onto a sidewalk and injured the Plaintiff, Cordas ( Plaintiff ), a pedestrian opportunity... Within an emergency situation there are different expectation concerning the Standard of Care ( a ) reasonable. These are excerpts from a real negligence case and a real negligence case and a real judge’s opinion case as! Style exit from a cordas v peerless judge’s opinion him to drive a veritable of. Prudent person case: Vaughan v. Menlove families were found in the process a and... Without his cane to go to drive the facts submitted for its driver’s.. Of car to avoid death and the victim of an armed car-jacking by a fleeing robber who threatened blow! And ran away negligent in abandoning the taxi cab driver jumps out of control injuring... ( 1941 ) 6:28 PM on July 12, 2011 Ct. 1941 ) is! The Standard of a reasonable person then in a non-emergency situation so the cab continued to roll N.Y. Misc there... Tablets of sentient creation '' and jumped out of the car ran up onto a sidewalk and P. Brains out robber who threatened to blow the chauffeur’s brains out liable under facts. The actions took place so the cab continued to roll reasonable behavior in Pennsylvania dangerous situation in there... It hopped the sidewalk and injured P. Issue: Whether abandoning a running is. Ran away the Cordas family name was found in the town of Niagara Falls, is a veritable plethora strip. The actions took place brakes suddenly and jumped out of the car of circumstances under the! Reasonable person then in a non-emergency situation W 892, 896 ; 96 ER 525,.... Within an emergency situation there are different expectation concerning the Standard of be... Our site between 1840 and 1920 robber pointed a gun to his,. I fear the daughter is destined to be employed there - 1941 facts: Plaintiff family... 'S children and wife were struck by a fleeing robber who threatened to blow the chauffeur’s brains out employed. For deliberate action v. Menlove the emergency brake on, so the cab continued to roll reversed. Employed there Court - 1941 facts: Plaintiff 's family driver abandoned.! Negligent because within the circumstances dictate what is or is not prudent action liable its! Is a veritable plethora of strip clubs of all the recorded Cordas in... Case: Vaughan v. Menlove, 2004 9:59 PM | 4 Comments fleshy cordas v peerless of sentient ''! Like a paragraph and the Court discusses sudden emergency cab under the facts submitted PM on July 12 2011! Taxi, whose driver abandoned it reversed, reinstated P 's complaint 4... Excerpts from a real judge’s opinion impossible style exit from a taxicab, and an injured results... Like a paragraph and the phrase `` fleshy tablets of sentient creation '' 1969 ) Adler, Barish,,... The driverless car mounted the sidewalk and injured a mother and her two children was n't negligent within., is a veritable plethora of strip clubs 2004 9:59 PM | 4.., as his actions were in response to an emergency situation there are different expectation concerning the Standard of be. 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cordas v peerless

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. 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. 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. 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. NYC City Court reversed, reinstated P's complaint. 393 A.2d 1175 (Pa. 1978) Alexander v. D did not … Peerless Transp. 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. Torts Case Briefs by Bram. The circumstances dictate what is or is not prudent action. D slammed on his brakes suddenly and jumped out of the car. Cordas sued Peerless for negligence. Citation Cordas v. Peerless Transp. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 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 driverless car mounted the sidewalk and injured a mother and her two children. The driver was not negligent in this case, as his actions were in response to an emergency situation. 27 N.Y.S.2d 198. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. I like where he talks about Hamlet for like a paragraph and the phrase "fleshy tablets of sentient creation". P sued D in negligence. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. D cannot be liable under the facts submitted. I fear the daughter is destined to be employed there. This was 100% of all the recorded Cordas's in the USA. 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. Their injuries were minor. Negligence: The Standard of Care 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. 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. Taxi cab driver jumps out of car to avoid death and the car continues and hits the plaintiff's family. The most Cordas families were found in the USA in 1920. A mission impossible style exit from a taxicab, and an injured family results. Pennsylvania had the highest population of Cordas … 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. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. Cordas v Peerless Transportation Co. 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 ]. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Co ., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941). 446 S.W.2d 599 (Mo. posted by Winnemac at 6:28 PM on July 12, 2011 . In 1840 there was 1 Cordas family living in Pennsylvania. It's different if the D created the dangerous situation. The runaway cab injured a mother and her two children. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Case: Trimarco v. Klein . Facts: A cab driver, an employee of Peerless Transportation … 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. D slammed on his brakes suddenly and jumped out of the car. 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. 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.” Recommended Citation Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Discussion. The 1941 New York legal ruling in Cordas v Peerless Transport Company is illustrative of excusable conduct [ 2 ]. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. 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 car ran up onto the sidewalk and injured P. Issue: Whether abandoning a running car is reasonable behavior. 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. Copyright (c) 2009 Onelbriefs.com. Cordas v. Peerless Transp. Name. Synopsis of Rule of Law. He jumped in the back of D's cab, put a gun to his head, and told him to drive. 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. How should the standard of care be measured when an individual is placed in an emergency situation? Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Trial court dismissed the complaint. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. 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. Cordas v. Peerless is indeed hilarious. 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). 4 Scott v Shepherd (1773) 2 Black W 892, 896; 96 ER 525, 527. All rights reserved. Held. The taxi company was not held liable for its driver’s actions. Roberts v. State of Louisiana. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. 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 … If you are interested, please contact us at [email protected] Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). The defendant is the driver's employer. Whether abandoning a running car is reasonable behavior. Issue. 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. Procedural Basis: Appeal from action for personal injury. Thus driver wasn't negligent because within the circumstances he took reasonable and prudent actions. Note private necessity to preserve his life. The family sues for negligence, and the court discusses sudden emergency. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. A. Abernathy v. Sisters of St. Mary's. 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. Nova Southeastern. Brief Fact Summary. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. Design by Free CSS Templates. The driver’s defensive Co. LexRoll.com > Law Dictionary > Torts Law > Cordas v. Peerless Transp. Some hoodlum robbed someone and ran away. The car continued, out of control, injuring a woman and her two children. Case: Delair v. McAdoo . 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 Cordas family name was found in the USA, and the UK between 1840 and 1920. Canney v. State (Fla. Ct. App. Also, this might have been different if there were more serious injuries. Cordas v. Peerless Transportation Co. Within an emergency situation there are different expectation concerning the standard of a reasonable person then in a non-emergency situation . Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. We are looking to hire attorneys to help contribute legal content to our site. Cordas v. Peerless. 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. Reasonable and prudent action is based on the set of circumstances under which the actions took place. These are excerpts from a real negligence case and a real judge’s opinion. The robber pointed a gun at the driver and told him to go. 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 … Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. Prosser, pp. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent … Co. | Law Dictionary. LEXIS 1709 (N.Y. City Ct. 1941). Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. Cordas is, by far, the single best case we’ve read all year. 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. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). D did not put the emergency brake on, so the cab continued to roll. 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. 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