Cordas v. Peerless Transportation Co. case brief summary F: Motion for reserved decision, D dismissing P complaint granted. Risk Utility Balancing . 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. 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. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Brief Fact Summary. Cordas sued Peerless for negligence. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. The circumstances dictate what is or is not prudent action. Written and curated by real attorneys at Quimbee. City Court of New York, New York County April 3, 1941. 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. Nova Southeastern. Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Name. The car continued, out of control, injuring a woman and her two children. Written and curated by real attorneys at Quimbee. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. He jumped in the back of D's cab, put a gun to his head, and told him to drive. LEXIS 1709 (N.Y. City Ct. 1941). Defendant’s tire exploded as they were alongside one another, causing a … Also, this might have been different if there were more serious injuries. Access This Case Brief for Free With a 7-Day Free Trial Membership. 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. Written and curated by real attorneys at Quimbee. 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 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 … Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. 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 ]. Written and curated by real attorneys at Quimbee. Home » Case Briefs Bank » Torts » Cordas v. Peerless Transportation Co. Case Brief. Search. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. City Court of New York, New York County April 3, 1941. 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. F: Motion for reserved decision, D dismissing P complaint granted. The taxi company was not held liable for its driver’s actions. life under emergency conditions may not be liable to victims. Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. Case: Delair v. McAdoo . Judge Carlin LOVED this guy. P sued D in negligence. 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. Trial court dismissed the complaint. v. PEERLESS TRANSP. Negligence: The Standard of Care Cordas v. Peerless Transportation 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. Cordas v. Peerless. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. One of the pursued jumped into a cab. The driver of the snowmobile was a thirteen-year-old boy. After driving for a short distance, the driver slammed on the brakes and jumped out of the car. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments. As a result of the driver’s actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Brief Fact Summary. 27 N.Y.S.2d 198. One of the pursued jumped into a cab. Cordas v. Peerless Transportation Co. Case Brief. 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. Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. CORDAS et al. 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. 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 It's different if the D created the dangerous situation. 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. D did not put the emergency brake on, so … 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 ]. 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. Brief Fact Summary. v. PEERLESS TRANSP. CO. 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 Case: Trimarco v. Klein . 27 N.Y.S.2d 198 . Cordas v. Peerless. Burson left his stand to go to the bathroom and did not carry his cane. LEXIS 1709 (N.Y. City Ct. 1941) Brief Fact Summary. 17 : Iss. A thief jumped into his cab and put a gun to his head and told him to drive. Whether abandoning a running car is reasonable behavior. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. Copyright (c) 2009 Onelbriefs.com. D slammed on his brakes suddenly and jumped out of the car. D did not … Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts:  Some hoodlum robbed someone and ran away. Emergency, if not ur fault= - N RP act based on circumstances [cabdriver] Robert v State of Louisiana. The driver was not negligent in this case, as his actions were in response to an emergency situation. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. Prosser, pp. Some hoodlum robbed someone and ran away. 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. P sued D in negligence. 1 TERRY v. OHIO No. The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint. Burson left his stand to go to the bathroom and did not carry his cane. Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. ... Have you written case briefs that you want to share with our community? 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . Cordas v. Peerless Transp. Synopsis of Rule of Law. 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 Transportation Co. City Court of New York, New York County, 1941. Relevant Facts. Cases; Witnesses; Industries; Practices Defendant paced a stack of hay near cottages owned by Plaintiff. 17 : Iss. Case: Delair v. McAdoo . Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. 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. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. 27 N.Y.S.2d 198. 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. Case: Trimarco v. Klein . Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. 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. 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. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. Discussion. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue. 143-196: The Standard of Care (A) The Reasonable Prudent Person Case: Vaughan v. Menlove . 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. 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. 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 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. 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 Flashcards ... Cordas v. Peerless Transportation Co. (cab driver jumps out at gunpoint) not liable for emergency . Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. Design by Free CSS Templates. The hay eventually did ignite and burn … On his way there, Burson collided with P (a 75-year-old man) and broke P's hip. 27 N.Y.S.2d 198. Torts Case Briefs by Bram. Synopsis of Rule of Law. 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. 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. The hay eventually did ignite and burn … Nova Southeastern. Their injuries were minor. Exceptions P. Two men who had just robbed, at gunpoint, a man, were being chased. D slammed on his brakes suddenly and jumped out of the car. 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. 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. All rights reserved. 1 TERRY v. OHIO No. Synopsis of Rule of Law. 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. How should the standard of care be measured when an individual is placed in an emergency situation? child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. Procedural Basis: Appeal from action for personal injury. Access This Case Brief for Free With a 7-Day Free Trial Membership. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. 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: An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co… After driving for a short distance, the driver slammed on the brakes and jumped out of the car. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. P had a brief relationship with Poddar, but it had ended. 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 .”. Judge Carlin LOVED this guy. 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. Relevant Facts. Cordas is, by far, the single best case we’ve read all year. Negligence not proven because it was an emergency and he had to save his own life. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Reasonable and prudent action is based on the set of circumstances under which the actions took place. The defendant is the driver's employer. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. The driver of the snowmobile was a thirteen-year-old boy. He jumped in the back of D's cab, put a gun to his head, and told him to drive. ... Tarasof v. The Regents of the University of California ... Facts: P was a student at U of CA.  D slammed on his brakes suddenly and jumped out of the car. Professor Epstein 535 Madison Ave. Gourmet Foods, Inc. v. Finlandia Ctr. Brief Fact Summary. CORDAS et al. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. CASE BRIEF. This case presents the ordinary man — that problem child of the law — in a most bizarre setting. RP Blind P [blind, no cane] Robinson v Lindsay. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. 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. NYC City Court reversed, reinstated P's complaint. Cordas v Peerless Transportation. Brief Fact Summary. 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 Co. case brief summary. 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. 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. 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. Cordas v. Peerless Transportation Co. (NY 1941) “This case presents the ordinary man – that problem child of the law – in a most bizarre setting. D did not put the emergency brake on, so the cab continued to roll. Co. 27 N.Y.S.2d 198 (1941) CARLIN, Justice. CO. et al. 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. child in dangerous/adult act= adult standard [snowmobile] Breunig v American Family Insurance Co. 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. Brief Fact Summary. AudioCaseFiles; Video. Facts: A cab driver, an employee of Peerless Transportation (D), was ordered to drive at the point of an assailant's gun. Cordas v. Peerless Transportation Co. From Out of place and out of time. It hopped the sidewalk and hit P and her two children. Definition . Cordas v Peerless Transportation. Citation Cordas v. Peerless Transp. Issue. Facts: A cab driver, an employee of Peerless Transportation … 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.” Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. LexisNexis ® Courtroom CastPowered by Courtroom View Network. Brief Fact Summary. P had a brief relationship with Poddar, but it had ended. Torts Case Briefs by Bram. CASE BRIEF. D slammed on his brakes suddenly and jumped out of the car. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.’s taxi and ordered the driver to drive away. D cannot be liable under the facts submitted. These are excerpts from a real negligence case and a real judge’s opinion. Prosser, pp. 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 man was a thief and was … The pursuer, being partial clad, was running outside the cab giving chase. Study 17 Chapter 3: Cases flashcards from Brandon P. on StudyBlue.  D did not put the emergency brake on, so the cab continued to roll. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. Man with gun to his head jumped out of car. Held. 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. 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. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Written and curated by real attorneys at Quimbee. RP Blind P [blind, no cane] Robinson v Lindsay. 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 FACTS: An armed … Torts Case Brief Standard of Care Cordas v. Peerless Transportation Co. City Ct of New York, New York County, 1941. Defendant attempted to pass Plaintiff as they were driving in their cars. 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. Written and curated by real attorneys at Quimbee. 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. Defendant paced a stack of hay near cottages owned by Plaintiff. 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). Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. 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. And he had to save his own life of New York County, 1941 into. Emergency brake on, so the cab continued to roll case: v.! Use of her thumb as a result of a snowmobile accident as if he had for... 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