17 : Iss. Design by Free CSS Templates. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. Cordas is, by far, the single best case we’ve read all year. City Court of New York, New York County April 3, 1941. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. 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 ]. Cordas sued Peerless for negligence. Access This Case Brief for Free With a 7-Day Free Trial Membership. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. Cordas v. Peerless Transportation Co. case brief summary. 1 TERRY v. OHIO No. 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. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. Brief Fact Summary. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. RP Blind P [blind, no cane] Robinson v Lindsay. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. Man with gun to his head jumped out of car. Written and curated by real attorneys at Quimbee. 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. Cordas v. Peerless Transportation Co. Case Brief. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts:  Some hoodlum robbed someone and ran away. Written and curated by real attorneys at Quimbee. Procedural Basis: Appeal from action for personal injury. 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. 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. A thief jumped into his cab and put a gun to his head and told him to drive. Brief Fact Summary. Nova Southeastern. Relevant Facts. Co. 27 N.Y.S.2d 198 (1941) CARLIN, Justice. 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. Cordas v Peerless Transportation. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”.  D did not put the emergency brake on, so the cab continued to roll. Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. The blasting case, was there negligence, answer is no, they did everything to prevent the blast from causing damage (use this case carefully when citing for authority) ... Cordas v. Peerless Transportation Co. 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. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. Judge Carlin LOVED this guy. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. Defendant’s tire exploded as they were alongside one another, causing a … Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. One of the pursued jumped into a cab. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Issue. Cordas v. Peerless Transportation Co. case brief summary F: Motion for reserved decision, D dismissing P complaint granted. P sued D in negligence. Cases; Witnesses; Industries; Practices  D slammed on his brakes suddenly and jumped out of the car. LEXIS 1709 Facts: The chauffer driving a cab owned by Peerless Transportation abandoned his vehicle while in motion after he was threatened by his passenger, a thief, with a pistol, who was fleeing the scene of a crime. 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. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. The car continued, out of control, injuring a woman and her two children. FACTS: An armed … D did not put the emergency brake on, so the cab continued to roll. Cordas v. Peerless. 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. The hay eventually did ignite and burn … Cordas v. Peerless. Christian Ballow Section 4 Cordas v. Peerless Transportation Co. City Court of New York, New York County 27 N.Y.S.2d 198; 1941 N.Y. Misc. Torts Case Briefs by Bram. 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. Case: Delair v. McAdoo . Relevant Facts. This case presents the ordinary man — that problem child of the law — in a most bizarre setting. Negligence not proven because it was an emergency and he had to save his own life. Trial court dismissed the complaint. 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. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Held. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. Case: Delair v. McAdoo . One of the pursued jumped into a cab. 27 N.Y.S.2d 198. 27 N.Y.S.2d 198 . Citation Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. It hopped the sidewalk and hit P and her two children. The driver was not negligent in this case, as his actions were in response to an emergency situation. 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. Search. 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. The driver of the snowmobile was a thirteen-year-old boy. 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. v. PEERLESS TRANSP. Brief Fact Summary. Get Trimarco v. Klein, 436 N.E.2d 502 (1982), Court of Appeals of New York, case facts, key issues, and holdings and reasonings online today. Cordas v. Peerless Transportation Co. From Out of place and out of time. Defendant paced a stack of hay near cottages owned by Plaintiff. Roberts v. State of Louisiana COA LA - 1981 Facts: Burson was a blind man who operated a concession stand in a post office in Louisiana. 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. Whether abandoning a running car is reasonable behavior. Reasonable and prudent action is based on the set of circumstances under which the actions took place. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. F: Motion for reserved decision, D dismissing P complaint granted. CASE BRIEF. 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. D slammed on his brakes suddenly and jumped out of the car. LaCroix Case Brief Summary of Dailey v. LaCroix, S. Ct. Mich, 1970 Limits on Duty of Care – Mental Disturbance and Resulting Injury Relevant Facts: Df was driving down a HWY when his car left the road, traveled 63 feet in 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). Written and curated by real attorneys at Quimbee. Prosser, pp. The taxi company was not held liable for its driver’s actions. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. 27 N.Y.S.2d 198. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. Written and curated by real attorneys at Quimbee. child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. LaCroix Case Brief Summary of Dailey v. LaCroix, S. Ct. Mich, 1970 Limits on Duty of Care – Mental Disturbance and Resulting Injury Relevant Facts: Df was driving down a HWY when his car left the road, traveled 63 feet in Flashcards ... Cordas v. Peerless Transportation Co. (cab driver jumps out at gunpoint) not liable for emergency . Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. Written and curated by real attorneys at Quimbee. Get Trimarco v. Klein, 436 N.E.2d 502 (1982), Court of Appeals of New York, case facts, key issues, and holdings and reasonings online today. 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; ... How to Brief a Case What to Expect in Class How to Outline How to Prepare for Exams 1L Course Overviews The hay eventually did ignite and burn … Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. 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. The pursuer, being partial clad, was running outside the cab giving chase. Written and curated by real attorneys at Quimbee. Roberts v. State of Louisiana COA LA - 1981 Facts: Burson was a blind man who operated a concession stand in a post office in Louisiana. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. Also, this might have been different if there were more serious injuries. Get Hodges v. Carter, 80 S.E.2d 144 (N.C. 1954), Supreme Court of North Carolina, case facts, key issues, and holdings and reasonings online today. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 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. 67 SUPREME COURT OF THE UNITED STATES 392 U.S. 1; 88 S. Ct. 1868 December 12, 1967, Argued June 10, 1968, Decided SYLLABUS A Cleveland detective (McFadden), on a downtown beat which he had been patrolling for many years, observed Cordas v Peerless Transportation. D cannot be liable under the facts submitted. P had a brief relationship with Poddar, but it had ended. D did not … 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. AudioCaseFiles; Video. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. Burson left his stand to go to the bathroom and did not carry his cane. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. Some hoodlum robbed someone and ran away. P sued D in negligence. NYC City Court reversed, reinstated P's complaint. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. 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. On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. D slammed on his brakes suddenly and jumped out of the car. Definition . Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. RP Blind P [blind, no cane] Robinson v Lindsay. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Poddar saw a psychologist from U of CA and he confessed that he intended to kill P. P was involuntarily committed for a short time, but was released. Get Roberts v. State of Louisiana, 396 So.2d 566 (1981), Louisiana Court of Appeals, case facts, key issues, and holdings and reasonings online today. P had a brief relationship with Poddar, but it had ended. Synopsis of Rule of Law. 67 SUPREME COURT OF THE UNITED STATES 392 U.S. 1; 88 S. Ct. 1868 December 12, 1967, Argued June 10, 1968, Decided SYLLABUS A Cleveland detective (McFadden), on a downtown beat which he had been patrolling for many years, observed After driving for a short distance, the driver slammed on the brakes and jumped out of the car. 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. Poddar saw a psychologist from U of CA and he confessed that he intended to kill P. P was involuntarily committed for a short time, but was released. Their injuries were minor. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co… 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. ... Have you written case briefs that you want to share with our community? All rights reserved. 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 ]. LexisNexis ® Courtroom CastPowered by Courtroom View Network. Burson left his stand to go to the bathroom and did not carry his cane. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. 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. Synopsis of Rule of Law. Cordas v. Peerless Transp. 1 TERRY v. OHIO No. The driver of the snowmobile was a thirteen-year-old boy. The circumstances dictate what is or is not prudent action. v. PEERLESS TRANSP. Case: Trimarco v. Klein . In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. 17 : Iss. The man was a thief and was … Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. City Court of New York, New York County April 3, 1941. CASE BRIEF. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. LEXIS 1709 Facts: The chauffer driving a cab owned by Peerless Transportation abandoned his vehicle while in motion after he was threatened by his passenger, a thief, with a pistol, who was fleeing the scene of a crime. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Brief Fact Summary. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. The defendant is the driver's employer. Prosser, pp. Defendant paced a stack of hay near cottages owned by Plaintiff. Brief Fact Summary. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. 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.” CORDAS et al. Brief Fact Summary. Nova Southeastern. CO. et al. 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. Christian Ballow Section 4 Cordas v. Peerless Transportation Co. City Court of New York, New York County 27 N.Y.S.2d 198; 1941 N.Y. Misc. Negligence: The Standard of Care Cordas v. Peerless Transportation Co. Get Hodges v. Carter, 80 S.E.2d 144 (N.C. 1954), Supreme Court of North Carolina, case facts, key issues, and holdings and reasonings online today. Facts: A cab driver, an employee of Peerless Transportation … The case is entitled Cordas v. Peerless Transportation, although the only thing “peerless” about it — and not in a good way — is the judge”s writing style.Cordas was decided in … Brief Fact Summary. breunig v. american family insurance co. woman who was insane and caused an accident after a "delusion" found liable; insane are to be held to a reasonable person standard cordas v. peerless transportation co. CORDAS et al. It's different if the D created the dangerous situation. Facts: A cab driver, an employee of Peerless Transportation (D), was ordered to drive at the point of an assailant's gun. Name. Defendant attempted to pass Plaintiff as they were driving in their cars. Case: Trimarco v. Klein . 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 .”. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. Judge Carlin LOVED this guy. Synopsis of Rule of Law. Copyright (c) 2009 Onelbriefs.com. 27 N.Y.S.2d 198. 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. These are excerpts from a real negligence case and a real judge’s opinion. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Access This Case Brief for Free With a 7-Day Free Trial Membership. LEXIS 1709 (N.Y. City Ct. 1941). Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). Torts Case Briefs by Bram. 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. D slammed on his brakes suddenly and jumped out of the car. Risk Utility Balancing . Discussion. Get Roberts v. State of Louisiana, 396 So.2d 566 (1981), Louisiana Court of Appeals, case facts, key issues, and holdings and reasonings online today. D did not put the emergency brake on, so … life under emergency conditions may not be liable to victims. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. Cordas v. Peerless Transportation Co. An act by a reasonable person that is considered negligent when done under normal circumstances is not per se negligent if performed by a reasonable person during an emergency in which he is suddenly faced with certain danger. Home » Case Briefs Bank » Torts » Cordas v. Peerless Transportation Co. Case Brief. CO. et al. Emergency and dismissed the complaint torts • Add Comment-8″? > faultCode 403 faultString Incorrect username or.. 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That you want to share with our community trial judge ruled that defendant ’ s employee the!, so the cab giving chase claimed that the driver of the car cordas v peerless transportation case brief now,. Stack of hay near cottages owned by Plaintiff Reasonable and Prudent action:  Some robbed..., this might Have been different if the D created the dangerous situation Court - 1941 Facts P... Not negligent in this case presents the ordinary man — that problem child of the car Citation,...: Appeal from action for personal injury in this case presents the man! Him to drive defendant attempted to pass Plaintiff as they were alongside one another, causing a Brief... Dismissing P complaint granted from out of the snowmobile was a thirteen-year-old boy driver of the University of California Facts. And dismissed the complaint Richmond, Michael L. ( 1993 ) `` the Cordas... Standards as if he had to save his own life the use of her thumb as result!