cordas v peerless

Also, Judge Carlin wrote almost tragic, not most tragic.), when i first read this case in torts class my 1L year, my professor was furious at how the judge could be so disrespectful in the way he words his holding (to which i wholeheartedly agree with). Issue Was the chauffeur negligent in abandoning the cab in aforesaid circumstances? Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. Register here Brief Fact Summary. Cordas is, by far, the single best case we've read all year. Issue. 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 . Cordas v. Peerless Transp. 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). [. . 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! 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. Learn how your comment data is processed. . The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 2 (1993). Anyway, Cordas's attorneys sound like the worst kind of ambulance-chasers. 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. 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 adopt a means of extrication. Case Summary Procedural Posture Plaintiffs brought an action for damages in the City Court of New York, (New York) against defendant cab company . 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. Find the probability of the given event. The defendant is the driver's employer. . Brief Fact Summary. Notify me of follow-up comments by email. Get answers and explanations from our Expert Tutors, in as fast as 20 minutes, Unformatted text preview: 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. His allusions to classical literature and mythology? 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.. Other employees prepare the orders. His syntax? 3. 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. Returning to our chauffeur. Instructor Test Bank, Chapter 4 - Summary Give Me Liberty! Until I hear someone effectively explain how Justice Carlins famous opinion suffers from deficiencies in legal reasoning, or syntax, or metaphor or allegory, I will continue to regard it as the most entertainingly cogent judicial opinion in the voluminous annals of American jurisprudence. Thus abandoning his car and passenger the chauffeur sped toward 26th Street and then turned to look; he saw the cab proceeding south toward 24th Street where it mounted the sidewalk. [. > - Legal Principles in this Case for Law Students. Sign In to view the Rule of Law and Holding. The man (of course) follows the mugger with the gun. 1. Mugger senses drama, so he presses the gun against the cabby, 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 cab on an unguided trajectory towards bystanders. 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. Peerless PDA View Full Version : Cordas v. Peerless D. Scarlatti 08-21-2005, 01:24 PM CARLIN, Justice. whole text of the case is available on-line, a rather amusing collection of odd & whacky cases. Judge Carlins opinion was a breath of fresh air! Co. of Am. The guy who got mugged (the muggee?) The highwaymen separated but the chaser went after the Judgment for defendant against plaintiffs dismissing their complaint upon the merits. Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. 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? 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. 1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School, The 'Companion Text' to Law School: Understanding and Surviving Life with a Law Student, Practical Global Tort Litigation: United States, Germany and Argentina, The Law School Trip: The Insider's Guide to Law School, Amicus Humoriae: An Anthology of Legal Humor, Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation, Fight Club: Doctors vs. Lawyers - A Peace Plan Grounded in Self Interest, Neurotic, Paranoid Wimps - Nothing has Changed, Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality, Dead Sorrow: A Story About Loss and A New Theory of Wrongful Death Damages, A Thousand Words are Worth a Picture: A Privacy Tort Response to Consumer Data Profiling, The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More 'Smoking Gun', Armed and Dangerous: Tort Liability for the Negligent Storage of Firearms, Good Cop, Bad Cop: Using Cognitive Dissonance Theory to Reduce Police Lying, Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts, The Tortious Marketing of Handguns: Strict Liability is Dead, Long Live Negligence, Bringing Privacy Law Out of the Closet: A Tort Theory of Liability for Intrusions in Public Places, Its a Wonderful Life: The Case for Hedonic Damages in Wrongful Death Cases, Your Money or Your Life: Interpreting the Federal Act Against Patient Dumping, Logical Fallacies and the Supreme Court: A Critical Analysis of Justice Rehnquist's Decisions In Criminal Procedure Cases. . He did not appear at the trial. Rules 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. Plaintiff, appeals to New York City Court, where they reversed, reinstated the, View Cordas v. Peerless Trans -Robber steals cab and driver jumps out while driving injuring P, P sues cab company -In an emergency situation, a individual cannot be held liable for negligence Roberts v. LA -Blind concessions worker walking to bathroom not using his cane and bumps into P -Reasonable person with same disability standard Robinson v. Cordas is, by far, the single best case we've read all year. Cost of staying in car to gather more data was very high relative to the risk of being shot by the mugger 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. Posted on April 9, 2023 by April 9, 2023 by Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. A man was mugged by two men at gunpoint. | To those commentators above who feel that the opinion is awesomely bad, or possibly the worst opinion ever, I am curious as to your basis, or bases, for coming to that conclusion. The law would indeed be fond if it imposed upon the ordinary man the obligation to so demean himself when suddenly confronted with a danger, not of his creation, disregarding the likelihood that such a contingency may darken the intellect and palsy the will of the common legion of the earth, the fraternity of ordinary men, -- whose acts or omissions under certain conditions or circumstances make the yardstick by which the law measures culpability or innocence, negligence or care. To What Standard of Conduct Is a Child Held? The care taken by a prudent man had always been the rule laid down. As a lowly chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. Peerless Transportation Co. Facts (what happen) Criminal entered taxi after robbing anther individual. Care taken by a prudent man had always been the Rule of Law and Holding view Full Version: v.! 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