This case presents the ordinary man — that problem child of the law — in a most bizarre setting. It's different if the D created the dangerous situation. CO. et al. Copyright (c) 2009 Onelbriefs.com. Cordas v. Peerless Transp. Brief Fact Summary. Co. 27 N.Y.S.2d 198 (1941) CARLIN, Justice. Written and curated by real attorneys at Quimbee. 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. Case: Trimarco v. Klein . RP Blind P [blind, no cane] Robinson v Lindsay. 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. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. 27 N.Y.S.2d 198 . Defendant paced a stack of hay near cottages owned by Plaintiff. D slammed on his brakes suddenly and jumped out of the car. 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. P sued D in negligence. Synopsis of Rule of Law. 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 1 TERRY v. OHIO No. Cordas v. Peerless Transportation Co. case brief summary. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. 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. 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. Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. 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 .”. Written and curated by real attorneys at Quimbee. 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. 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. Prosser, pp. Synopsis of Rule of Law. life under emergency conditions may not be liable to victims. The taxi company was not held liable for its driver’s actions. 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. Trial court dismissed the complaint. 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. Negligence not proven because it was an emergency and he had to save his own life. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. 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. Prosser, pp. The car continued, out of control, injuring a woman and her two children. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Cordas v. Peerless. Facts: A cab driver, an employee of Peerless Transportation (D), was ordered to drive at the point of an assailant's gun. 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. Cases; Witnesses; Industries; Practices P had a brief relationship with Poddar, but it had ended. Case: Trimarco v. Klein . Name. One of the pursued jumped into a cab. AudioCaseFiles; Video. RP Blind P [blind, no cane] Robinson v Lindsay. D did not put the emergency brake on, so the cab continued to roll. Brief Fact Summary. 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.” child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. Defendant attempted to pass Plaintiff as they were driving in their cars. Relevant Facts. Cordas v. Peerless. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Torts Case Briefs by Bram. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. P had a brief relationship with Poddar, but it had ended. Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. 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. Written and curated by real attorneys at Quimbee. Cordas v. Peerless Transportation Co. From Out of place and out of time. 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. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. 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. How should the standard of care be measured when an individual is placed in an emergency situation? Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. Access This Case Brief for Free With a 7-Day Free Trial Membership. Search. 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 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. Case: Delair v. McAdoo . NYC City Court reversed, reinstated P's complaint. Brief Fact Summary. Flashcards ... Cordas v. Peerless Transportation Co. (cab driver jumps out at gunpoint) not liable for emergency . Their injuries were minor. Discussion. Some hoodlum robbed someone and ran away. 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 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. 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). FACTS: An armed … Judge Carlin LOVED this guy. 27 N.Y.S.2d 198. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 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 … Burson left his stand to go to the bathroom and did not carry his cane. One of the pursued jumped into a cab. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. D did not … CORDAS et al. 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 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. 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. 27 N.Y.S.2d 198. 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. Access This Case Brief for Free With a 7-Day Free Trial Membership. 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. On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. v. PEERLESS TRANSP. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Cordas v Peerless Transportation. Man with gun to his head jumped out of car. 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. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. Defendant paced a stack of hay near cottages owned by Plaintiff. Defendant’s tire exploded as they were alongside one another, causing a … ... Have you written case briefs that you want to share with our community? D slammed on his brakes suddenly and jumped out of the car. CASE BRIEF. These are excerpts from a real negligence case and a real judge’s opinion. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. 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. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. 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. Relevant Facts. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. 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. Brief Fact Summary. Torts Case Briefs by Bram. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. The defendant is the driver's employer. 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 ]. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. Cordas v. Peerless Transportation Co. Case Brief. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. 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. 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. D did not put the emergency brake on, so … CO. et al. 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. Judge Carlin LOVED this guy. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Brief Fact Summary. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. LexisNexis ® Courtroom CastPowered by Courtroom View Network. Cordas v. Peerless Transportation Co. case brief summary F: Motion for reserved decision, D dismissing P complaint granted. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts:  Some hoodlum robbed someone and ran away. 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. Cordas v Peerless Transportation. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. He jumped in the back of D's cab, put a gun to his head, and told him to drive. The pursuer, being partial clad, was running outside the cab giving chase. He jumped in the back of D's cab, put a gun to his head, and told him to drive. City Court of New York, New York County April 3, 1941. v. PEERLESS TRANSP. After driving for a short distance, the driver slammed on the brakes and jumped out of the car.  D slammed on his brakes suddenly and jumped out of the car. Procedural Basis: Appeal from action for personal injury. D slammed on his brakes suddenly and jumped out of the car. Burson left his stand to go to the bathroom and did not carry his cane. 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. 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. 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. 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. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. Written and curated by real attorneys at Quimbee. 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. The driver of the snowmobile was a thirteen-year-old boy. Facts: A cab driver, an employee of Peerless Transportation … The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. The circumstances dictate what is or is not prudent action. 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. Citation Cordas v. Peerless Transp. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. Definition . 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. Held. Negligence: The Standard of Care Cordas v. Peerless Transportation Co. 17 : Iss. F: Motion for reserved decision, D dismissing P complaint granted. The man was a thief and was … Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. FACTS: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co… All rights reserved. Risk Utility Balancing . Cordas is, by far, the single best case we’ve read all year. 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 ]. 17 : Iss. 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. 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. Issue. Brief Fact Summary. 27 N.Y.S.2d 198. Case: Delair v. McAdoo . Reasonable and prudent action is based on the set of circumstances under which the actions took place. 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 … Whether abandoning a running car is reasonable behavior. Brief Fact Summary. Design by Free CSS Templates. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Cordas sued Peerless 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 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. On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. Nova Southeastern. 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. Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. Written and curated by real attorneys at Quimbee. 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. 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. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. D cannot be liable under the facts submitted. A thief jumped into his cab and put a gun to his head and told him to drive. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . CASE BRIEF. Nova Southeastern. P sued D in negligence. CORDAS et al. 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 Transportation Co. City Court of New York, New York County, 1941. Home » Case Briefs Bank » Torts » Cordas v. Peerless Transportation Co. Case Brief. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. The hay eventually did ignite and burn … Synopsis of Rule of Law. 1 TERRY v. OHIO No. The driver of the snowmobile was a thirteen-year-old boy. Also, this might have been different if there were more serious injuries. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. LEXIS 1709 (N.Y. City Ct. 1941).  D did not put the emergency brake on, so the cab continued to roll. 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