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. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). He jumped in the back of D's cab, put a gun to his head, and told him to drive. 4 Scott v Shepherd (1773) 2 Black W 892, 896; 96 ER 525, 527. Citation Cordas v. Peerless Transp. If you are interested, please contact us at [email protected] The 1941 New York legal ruling in Cordas v Peerless Transport Company is illustrative of excusable conduct [ 2 ]. Brief Fact Summary. 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 Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. A. Abernathy v. Sisters of St. Mary's. The driver was not negligent in this case, as his actions were in response to an emergency situation. Procedural Basis: Appeal from action for personal injury. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. Their injuries were minor. Reasonable and prudent action is based on the set of circumstances under which the actions took place. 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. Name. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. Cordas v Peerless Transportation Co. Cordas v. Peerless Transportation Co. (NY 1941) âThis case presents the ordinary man â that problem child of the law â 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 chauffeurâs brains out. 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. These are excerpts from a real negligence case and a real judgeâs opinion. Negligence: The Standard of Care Cordas v. Peerless Transportation Co. Prosser, pp. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. The car continued, out of control, injuring a woman and her two children. Cordas v. Peerless Transp. 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 result of the driverâs actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. 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 ⦠Co. One-Sentence Takeaway: In applying the âreasonable personâ negligence standard analysis, the conduct of a person faced with unexpected and sudden emergency, not created by that personâs own actions, should be measured by how a reasonable ⦠Some hoodlum robbed someone and ran away. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.âs taxi and ordered the driver to drive away. Also, this might have been different if there were more serious injuries. The robber pointed a gun at the driver and told him to go. Blind man left his concession without his cane to go to the bathroom and injured the plaintiff in the process. All rights reserved. I fear the daughter is destined to be employed there. Cordas v. Peerless. 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). Cordas v. Peerless Transportation Co. Facts: Taxi driver jumped from taxi while it was running to escape an armed man who was being pursued by his victim. P sued D in negligence. The car ran up onto the sidewalk and injured P. Issue: Whether abandoning a running car is reasonable behavior. How should the standard of care be measured when an individual is placed in an emergency situation? 393 A.2d 1175 (Pa. 1978) Alexander v. Taxi cab driver jumps out of car to avoid death and the car continues and hits the plaintiff's family. 27 N.Y.S.2d 198. 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. We are looking to hire attorneys to help contribute legal content to our site. It's different if the D created the dangerous situation. D slammed on his brakes suddenly and jumped out of the car. The driverâs defensive 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. Roberts v. State of Louisiana. In 1840 there was 1 Cordas family living in Pennsylvania. It hopped the sidewalk and hit P and her two children. 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. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. Design by Free CSS Templates. Whether abandoning a running car is reasonable behavior. Copyright (c) 2009 Onelbriefs.com. The family sues for negligence, and the court discusses sudden emergency. The Cordas family name was found in the USA, and the UK between 1840 and 1920. The circumstances dictate what is or is not prudent action. Facts: A cab driver, an employee of Peerless Transportation ⦠In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. I like where he talks about Hamlet for like a paragraph and the phrase "fleshy tablets of sentient creation". Cordas sued Peerless for negligence. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. Peerless Transp. posted by Winnemac at 6:28 PM on July 12, 2011 . This was 100% of all the recorded Cordas's in the USA. The most Cordas families were found in the USA in 1920. He jumped in the back of D's cab, put a gun to his head, and told him to drive. 446 S.W.2d 599 (Mo. Torts Case Briefs by Bram. D cannot be liable under the facts submitted. 1969) Adler, Barish, Daniels, Levin, and Creskoff v. Epstein. D did not put the emergency brake on, so the cab continued to roll. Issue. Synopsis of Rule of Law. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). Held. Case: Trimarco v. Klein . Trial court dismissed the complaint. Note private necessity to preserve his life. The taxi company was not held liable for its driverâs actions. 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. Just down the road, in the town of Niagara Falls, is a veritable plethora of strip clubs. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. 1973), in which Robert Benjamin Canney was convicted of "resisting an officer with violence" when he was being arrested for "profane, vulgar or indecent ⦠Cordas v. Peerless Transp. As a lonely chauffeur in defendantâs employ, he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic.â Canney v. State (Fla. Ct. App. Pennsylvania had the highest population of Cordas ⦠NYC City Court reversed, reinstated P's complaint. 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 defendant is the driver's employer. LEXIS 1709 (N.Y. City Ct. 1941). The driverless car mounted the sidewalk and injured a mother and her two children. Cordas is, by far, the single best case weâve read all year. Co. | Law Dictionary. 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. Co ., 27 N.Y.S.2d 198 (N.Y. City Ct. 1941). A unanimous Strange Judicial Opinions Hall of Fame opinion is Cordas v. Peerless Transportation Co., penned in 1941 by Judge Carlin (no relation to George) of the New York City Court. Case: Delair v. McAdoo . 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. Cordas v. Peerless is indeed hilarious. 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. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Recommended Citation 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Thus driver wasn't negligent because within the circumstances he took reasonable and prudent actions. 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 Discussion. The runaway cab injured a mother and her two children. D slammed on his brakes suddenly and jumped out of the car. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. D did not ⦠Co. LexRoll.com > Law Dictionary > Torts Law > Cordas v. Peerless Transp. 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. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. 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 ]. The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeurâs brains out. Nova Southeastern. A mission impossible style exit from a taxicab, and an injured family results. 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