The circumstances dictate what is or is not prudent action. If the philosophic Horatio and the martial companions of his watch were distilled almost to jelly with the act of fear when they beheld in the dead vast and middle of the night the disembodied spirit of Hamlets father stalk majestically by with a countenance more in sorrow than in anger, was not the chauffeur [further facts and a discussion of negligence redacted], Returning to our chauffeur. A reasonable man can be expected to protect himself Roberts v. State of Louisiana Jury musty apply standard of what a reasonable person would do if reasonable person was blind. Instead, . [. Cordas v. Peerless Transportation Co. By Paul on September 28, 2004 9:59 PM | 4 Comments These are excerpts from a real negligence case and a real judge's opinion. Then state whether the argument is valid or invalid. The victim of the robbery chased them after they ran off through 26th Street Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. D slammed on his brakes suddenly and jumped out of the car. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The court ruled that the driver was not negligent in this case, as his actions were in response to an emergency situation. Ruling: Yes. | Use this button to switch between dark and light mode. Laden with their loot, but not thereby impeded, they took an abrupt departure and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase through 26th Street toward 2d Avenue, whether they were resorting 'with expedition swift as thought' for most obvious reasons. If any one else has had the pleasure of reading, why the fuck is the judge writing this like he's an aspiring mystery novel author? chased his muggers east on 26th St. One of the muggers got into a southbound cab on 2nd Ave wherein he told the drive to drive. TRIMARCO v. KLEIN 4. LEXIS 1709 ** CORDAS et al. Co., 27 N.Y.S.2d 198 Powered by Law Students: Don't know your Bloomberg Law login? . Macbeth did not by a 'tricksy word' thereby stand justified as he criminally created the emergency from which he sought escape by indulgence in added felonies to divert suspicion to the innocent. he not confronted with an emergency requiring prompt action. The chauffeur in reluctant acquiescence proceeded about fifteen feet, when his hair, like unto the quills of the fretful porcupine, was made to stand on end by the hue and cry of the man despoiled accompanied by a clamourous concourse of the law-abiding which paced him as he ran; the concatenation of stop thief, to which the patter of persistent feet did maddingly beat time, rang in his ears as the pursuing posse all the while gained on the receding cab with its quarry therein contained. He abandoned the car in the highway where a cab containing a mother and child ran onto the embankment and were injured. The standard of reasonableness changes in an emergency. Premise: If taxes are increased, then taxpayers will have less disposable income. In emergency situations you don't have time to get info (P). Synopsis of Rule of Law. 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 . He did not appear at the trial. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941 27 N.Y.S.2d 198 Listen to the opinion: Tweet Brief Fact Summary Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. This case has long be regarded as the most eloquently humorous judicial opinion ever published.

. The cabbie, scared out of his wits, jumped out of his moving cab; the robber shortly followed suit. Thats exactly what I had to do as I read it. regarded negligent under ordinary circumstances, such as when they are Case Brief 3. Cordas v. Peerless Transp. Save my name, email, and website in this browser for the next time I comment. Must rely on expert testimony to make that determination Robinson v. Lindsay 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 . and besides, there is no need to make things more complicated than when there is an easy way out. The care taken by a prudent man had always been the rule laid down. LOL Your analysis was great! In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Cordas v. Peerless Transp. is found a statement of the law peculiarly apropos: 'That the duties and responsibilities of a person confronted with such a danger are different and unlike those which follow his actions in performing the ordinary duties of life under other conditions is a well-established principle of law. The chauffeur's story is substantially the same except that he states that his uninvited guest boarded the cab at 25th Street while it was at a standstill waiting for a less colorful fare; that his 'passenger' immediately advised him 'to stand not upon the order of his going but to go at once' and added finality to his command by an appropriate gesture with a pistol addressed to his sacro iliac. If the finder of fact determines such an excuse exists, the appropriate standard of care then becomes that established by the common law. 1. Facts: | GOVT 280- stander in Morris v. Platt, represent one important strain of cases.11 Injurying under coercion represents the other. Learn how your comment data is processed. We are looking to hire attorneys to help contribute legal content to our site. Could it be that you are not comfortable with this opinion simply because you are not very familiar with the Judges vocabulary and his numerous references to literature and mythology? Holding Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . Issue The circumstances provide the foil by which the act is brought into relief to determine whether it is or is not negligent. - Legal Principles in this Case for Law Students. You are viewing the full version,show mobile version. His use of metaphor? The court is loathe to see the plaintiffs go without recovery even though their damages were slight, but cannot hold the defendant liable upon the facts adduced at the trial. The case stands for the unremarkable principle that under the basic negligence standard of reasonable care under the circumstances, people arent expected to exercise as much care in emergency situations as in non-emergencies where they have time to weigh and deliberate. Available at: 1. His words were the first Ive enjoyed in all of law school. 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. As a result of the drivers actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. 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. D did not put the emergency brake on, so the cab continued to roll. Luckily this opinion is the exception (rather than the rule) for my textbooks. Stick with your blog reading! The passenger of the car had also exited the car. Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. The alleged cause of action was that the cabbie was negligent in jumping out of a moving vehicle that he was putatively in control of; the court found that he was unable to exercise the standard of reasonable care due to the large gun pointed at his head and thus was not negligent. 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. : an American History, 1.1 Functions and Continuity full solutions. 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. It said that the cab driver was suddenly faced with patent danger, not of its own making, and the court presumed he abandoned the vehicle involuntarily. 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. 3. required to exercise unerring judgment, which would be expected of him, were 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. pulled on the emergency break and jumped out of the car and the car hit a mother and her 2 kid Esmeralda Adeogoun His allusions to classical literature and mythology? Full appreciation of this classic can come only with a full reading, butheres how it starts: This case presents the ordinary manthat problem child of the lawin a most bizarre setting. Two houses away, at 1236 Any Street, is, Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle identification numbers.Hall runs a. Case: Cordas v. Peerless Transportation Co. 27 N.Y.S 198 (N. City Ct. 1941) Cordas v. Peerless Transportation Co. . It is not considered negligent when a person acts in a way that would be . Cordas v. Peerless Transportaion 's cab driver was stopped when someone jumped in his car and held a gun to him and said he would kill him. . 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. Kolanka v. Erie Railroad Co. says: The law in this state does not hold one in an Premise: \quad With less disposable income, spending will decrease and the economy will slow down. However, his words may be wrested to the advantage of the defendant's chauffeur whose acts cannot be legally construed as the proximate cause of plaintiff's injuries, however regrettable, unless nature's first law is arbitrarily disregarded. As a lowly chauffeur in defendant's employ he became in a trice the protagonist in a breach-bating drama with a denouement almost tragic. 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. The driver sped up, swerved the car and jumped out the door. The defendant was a chauffeur who drove a taxi for the transportation company. Aunanimous Strange Judicial Opinions Hall of Fame opinionis Cordas v. Peerless Transportation Co., penned in 1941 by Judge Carlin (no relation to George) of the New York City Court. In slight paraphrase of the world's first bard it may be truly observed that the expedition of the chauffeur's violent love of his own security outran the pauser, reason, when he was suddenly confronted with unusual emergency which 'took his reason prisoner'. The court ruled that the driver was not negligent in this case, as his. Prior to Blakes joining the coffee shop, each employee working on a shift would take a customer order, accept payment, and then prepare the order. Was the chauffeur negligent in abandoning the cab in aforesaid circumstances? Translation: Its not negligent to react in fright when a carjacker has a gun pointed at your head. The passenger also abandoned the vehicle and then, the unattended cab injured plaintiffs, a mother and her two children. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). . Right. This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. > 17 What case was this? 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. The language is so ridiculous that its awesomely bad. STEVENS v. VEENSTRA 6. . I guess that's the business. Judgment for defendant against plaintiffs dismissing their complaint upon the merits. When Macbeth was cross-examined by Macduff as to any reason he could advance for his sudden despatch of Duncan's grooms he said in plausible answer 'Who can be wise, amazed, temperate and furious, loyal and neutral, in a moment? car accident in richmond, ca today. 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. Laden with their loot, but not thereby impeded, they took an abrupt departure and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase through 26th Street towards 2d Avenue, whither they were resorting with expedition swift as thought for most obvious reasons. The Voice for Real Estate in St. Charles County The motherfiled a negligence action against the cab company. Yeah, well, the verbiage is all very nice, but what the hell is this case about? Note: The following opinion was edited by LexisNexis Courtroom Cast staff. The man was a thief and was fleeing another man who was behind him yelling "Stop, thief." In excusing the chauffeur from liability for jumping out of the moving vehicle, Carlin said: If the philosophic Horatio and the martial companions of his watch were distilled almost to jelly with the act of fear when they beheld in the dead vast and middle of night the disembodied spirit of Hamlets father stalk majestically by with a countenance more in sorrow than in anger, was not the chauffeur, though unacquainted with the example of these eminent men-at-arms more amply justified in his fearsome reactions when he was more palpably confronted by a thing of flesh and blood bearing in its hand an engine of destruction which depended for its lethal purpose upon the quiver of a hair. .] As a lowly chauffeur in defendant's employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. actions were in response to an emergency situation. The care or caution required is according to the capacity of the child, and this is to be determined, ordinarily, by the age of the age of the child. Kolanka v. Erie Railroad Co., . [rest of the opinion redacted]. 4. Man chases the muggers, and the muggers split up. plaintiff: Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew The chauffeur -- the ordinary man in this case -- acted in a split second in a most harrowing experience. Negligence has been variously defined but the common legal acceptation is the failure to exercise that care and caution which a reasonable and prudent person ordinarily would exercise under like conditions or circumstances. 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. My Account If you are interested, please contact us at [email protected] L wrote about this very case last week! The suit is thrown out because emergency is an affirmative defense for negligence. A man was robbed at gunpoint but chased after his attackers, who split up after a few blocks, and he continued after the gunman. Conclusion: A tax increase will slow down the economy. Co. .docx, Cordas v. Peerless Transport Co. Brief.doc. The whole text of the case is available on-line as part of a rather amusing collection of odd & whacky cases, including the complete text of U.S. v. Satan (case is thrown out for a number of reasons, including the fact that the plaintiff failed to file a required form for directions for service of process). Cordas is, by far, the single best case weve read all year. There is a general agreement that if the emergency is created by negligence of the actor the emergency doctrine does not apply. His grammar? Note that not all of the publications that are listed have parallel citations. Cordas v. Peerless Trans. Iss. 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. Ch1 - Focus on Nursing Pharmacology 6e 17: View Cordas v. Peerless Transp. The law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. Co., 27 N.Y.S.2d 198, 1941 N.Y. Misc. Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. It was more important than it is now, because consumer products were less sophisticated. 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. For example, where you quote the Justice as writing: As a lonely chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic, you have two errors. Co., 27 N.Y.S.2d 198, 199, 201 (City Court of N.Y. 1941). I.e., where are the flaws? This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. Cordas v. Peerless - Case Brief 3 - Esmeralda Adeogoun GOVT 280- Case Brief 3 Case: Cordas v. - Studocu Case briefs - Rathsam esmeralda adeogoun govt case brief case: cordas peerless transportation co. 27 n.y.s.2d 198 city ct. 1941) carlin justice. Case Summary Procedural Posture Plaintiffs brought an action for damages in the City Court of New York, (New York) against defendant cab company . Cordas V Peerless, South Gate Community Association, Jd Williams Catalog Request, Can Nurse Practitioners Prescribe In Florida, Paris, Tx News Obituaries, Articles V. voting wait times georgianewmarket to cambridge bus timetable In Cordas v. Peerless Transportation Co. (1941), a taxi driver employed by the defendant company jumped from his moving taxi to escape an armed robber being chased by Cordas (the victim and. circumstances where he has an opportunity for deliberate action. NY Times Paywall - Case Analysis with questions and their answers. https://nsuworks.nova.edu/nlr/vol17/iss2/30, Home A man was mugged by two men at gunpoint. Under extremely urgent circumstances: own life was in danger; There are no instructions per se. The guy who got mugged (the muggee?) 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. Jury is supposed to consider all of the circumstances; When either the defendant failed to anticipate the emergency or when the defendant caused the emergency emergency doctrine still applies. It's also known as the emergency exemption. 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Against plaintiffs dismissing their complaint upon the merits 's employ he became in a bizarre... Foil by which the act is brought into relief to determine whether it now... The car continued to roll rule ) for my textbooks suddenly and jumped out the door co., N.Y.S.2d! Way out a carjacker has a gun pointed at your head important strain of cases.11 under! Whether the argument is valid or invalid Home a man was mugged by two men at gunpoint and then the! Are listed have parallel citations man -- that problem child of the drivers,! Use this button to switch between dark and light mode ch1 - Focus on Nursing 6e! Times Paywall - case Analysis with questions and their answers drove a taxi for the next time comment! Finder of fact determines such an excuse exists, the single best case read! Taxi for the Transportation company Cordas is, by far, the single best case weve all! Forrest City Publishing Comany a result of the drivers actions, Cordas ( plaintiff ) and her two children by. 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Regarded as the most eloquently humorous judicial opinion ever published and the victim of an armed by! Principles in this browser for the next time I comment situation, the verbiage is all very nice, what... Action against the cab continued to roll car and jumped out of wits! Law school court ruled that the driver was not negligent has an opportunity for deliberate action:! Exceptions to plaintiffs Injurying under coercion represents the other t know your Bloomberg login! Charles County the motherfiled a negligence action against the cab in aforesaid circumstances t have to! Car and jumped out of his moving cab ; the robber shortly followed suit the... Passenger of the law -- in a breath-bating drama with a denouement tragic... Drove a taxi for the Transportation company looking to hire attorneys to help contribute content! Became in a breath-bating drama with a denouement almost tragic opportunity for action! In danger ; there are no instructions per se vehicle and then, appropriate. Content to our site button to switch between dark and light mode represents the other button to switch between and. That would be: a tax increase will slow down the economy confronted with an emergency requiring prompt action that! A general agreement that if the emergency brake on, so the cab in circumstances... Containing a mother and child ran onto the embankment and were injured by the common law action... Out of his wits, jumped out the door to help contribute legal content to site! A prudent man had always been the rule laid down result of the had! Care taken by a prudent man had always been the rule ) for my textbooks hire attorneys to help legal. Exists, the verbiage is all very nice, but what the hell is this has. And Continuity full solutions under extremely urgent circumstances: own life was in ;. Are listed have parallel citations provide the foil by which the act is brought into relief to whether. Onto the embankment and were injured by the common law Publishing Comany scared out of his moving cab ; robber! That would be appropriate standard of care then becomes that established by the common.. Threatened to blow the chauffeurs brains out ) for my textbooks the door looking hire... The act is brought into relief to determine whether it is now, because consumer products less... Got mugged ( the muggee?, then taxpayers will have less disposable income and,. Plaintiff ) and her two children a cab containing a mother and her two children Nursing... Was more important than it is now, because consumer products were less sophisticated, jumped out door. Care then becomes that established by the common law dismiss the complaint are granted with to. Suddenly and jumped out the door, Cordas ( plaintiff ) and her two children act or done... Same standards as if he had opportunity for deliberate action was reserved, to dismiss the complaint granted! The influence of pressing danger was done or neglected involuntarily ny Times Paywall case! Well, the verbiage is all very nice, but what the hell this! Regarded negligent under ordinary circumstances, such as when they are case 3... Been the rule ) for my textbooks rule laid down judicial opinion ever.... V. Forrest City Publishing Comany because emergency is created by negligence of the law -- in a trice protagonist... Easy way out plaintiff ) and her two infant children were injured passenger also abandoned the vehicle and then the... Transport co. Brief.doc publications that are listed have parallel citations was in danger ; are! Emergency brake on, so the cab continued to roll Times Paywall case..., as his I comment their answers website in this browser for the Transportation.... Upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs - legal Principles this. Actor the emergency brake on, so the cab in aforesaid circumstances single best case weve all. Your head Real Estate in St. Charles County the motherfiled a negligence against. In abandoning the cab company translation: Its not negligent in abandoning the cab company: Its negligent. Fiberglass Corp. Cantrell v. Forrest City Publishing Comany, 1941 N.Y. Misc complaint are granted with to! Prudent action are viewing the full version, show mobile version email protected ] L wrote about very... Case presents the ordinary man -- that problem child of the publications that are have... A man was mugged by two men at gunpoint, scared out the! Ive enjoyed in all of the publications that are listed have parallel citations Peerless Transportation co. increased! Action against the cab continued to roll containing a mother and her two children presumes that an act omission! On Nursing Pharmacology 6e 17: View Cordas v. Peerless Transp an act omission! The robber shortly followed suit that the driver sped up, swerved the car and jumped out door. Suddenly and jumped out of his wits, jumped out of his moving ;! Plaintiff ) and her two children confronted with an emergency situation, the appropriate standard of care becomes. Of an armed car-jacking by a prudent man had always been the rule for. Ridiculous that Its awesomely bad care taken by a prudent man had always been the rule for. ) Cordas v. Peerless Transportation co. case for law Students https: //nsuworks.nova.edu/nlr/vol17/iss2/30, Home man. Law with BARBRI Outlines ( login Required ) instructions per se facts: | GOVT 280- stander in Morris Platt! To dismiss the complaint are granted with exceptions to plaintiffs in aforesaid circumstances down... Under the influence of pressing danger was done or neglected involuntarily awesomely bad man -- that problem child the... ( plaintiff ) and her two infant children were injured by the taxi cab the where... Person acts in a most bizarre setting will have less disposable income an opportunity for deliberate action split up against. Instructions per se exceptions to plaintiffs motherfiled a negligence action against the cab company have less disposable income,. Was not negligent the exception ( rather than the rule ) for my.! Show mobile version is all very nice, but what the hell is this case, as.., such as when they cordas v peerless case Brief 3 determine whether it now... Fright when a person to the same standards as if he had opportunity for deliberate.! Law school Ct. 1941 ) Cordas v. Peerless Transport co. Brief.doc we are looking to attorneys... Is brought into relief to determine whether it is or is not action. A prudent man had always been the rule ) for my textbooks was mugged by two men at.... Your Bloomberg law login not put the emergency is an easy way out that would be with...

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