Plaintiff: Cordas During his first month as store manager, Blake encountered the following internal control situations: Jittery Jims Canyon Coffee has one cash register. Nova Law Review: Vol. Here is a rundown with quotes from the courts opinion. The hold-up man, sensing [the drivers] insecurity, suggested to the chauffeur that in the event there was the slightest lapse in obedience to his curt command that he, the chauffeur, would suffer the loss of his brains, a prospect as horrible to a humble chauffeur as it undoubtedly would be to one of the intelligentsia, 6. 942, U.S. District Court, Trial Term, New York County, 1948, another of Judge Carlins wonderful opinions. The standard of reasonableness changes in an emergency. In applying this universally accepted standard; that of an ordinary, reasonable, and prudent man, the term ordinary should be given its true meaning, by not requiring the conduct of an extraordinary careful person. and besides, there is no need to make things more complicated than when there is an easy way out. Two highwaymen robbed a man (whose identity is undisclosed) at gunpoint in an 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. Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. 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 . 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. 17 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). actions were in response to an emergency situation. For the following arguments, identify p,qp, qp,q, and rrr so that the argument has the structure of a chain of conditionals (if ppp then qqq, if qqq then qqq if ppp then rrr ). To hold thus under the facts adduced herein would be tantamount to a repeal by implication of the primal law of nature written in indelible characters upon the fleshy tablets of sentient creation by the Almighty Law-giver, 'the supernal Judge who sits on high'. Posted on April 9, 2023 by April 9, 2023 by The driver was not negligent in this case, as his actions were in response to an emergency situation. As a result of the drivers actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. There are those who stem the turbulent current for bubble fame, or who bridge the yawning chasm with a leap for the leap's sake or who 'outstare the sternest eyes that look outbrave the heart most daring on the earth, pluck the young sucking cubs from the she-bear, yea, mock the lion when he roars for prey' to win a fair lady and these are the admiration of the generality of men; but they are made of sterner stuff than the ordinary man upon whom the law places no duty of emulation. 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 law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. As a side note, the decision talks about "the plaintiff-mother and her two infant children"; in the legal context, "infant children" means anyone under the age of 18, not new-born babies. toward 2nd Avenue. Amazing how the brain works to block out trauma. Facts: . Cordas v. Peerless Transportation Co. City Court of New York, New York County 27 N.Y.S.2d 198 (1941) 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. 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. 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. View Instead, . We are looking to hire attorneys to help contribute legal content to our site. Defendant: Peerless Transportation Co 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). This case has long be regarded as the most eloquently humorous judicial opinion ever published. Full Document, Business Law- Case Brief for Palsgraf v. Long Island Railroad Company.pdf, Business Law- Bell v. Irace Case Brief.pdf, Law 402 Class 26 Case Brief of Tarasoff v. 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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 persuasive pistol. | Cordas v. Peerless Transportation Co. (NY 1941) "This case presents the ordinary man - that problem child of the law - in a most bizarre setting. and explain your answer. 17: (PS You misquote the opinion in several places. The victim of the robbery chased them after they ran off through 26th Street . What case was this? Whether abandoning a running car is considered to be reasonable, The trial court dismissed the complaint in favor of the defendant. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) A good example is Cordas v. Peerless Transportation Company,12 in which an armed, escaping robber jumped on the running board of the defendant's cab, the defendant lept from his moving cab, and the cab careened There are many variations of passages of Lorem Ipsum available, but the majority have suffered alteration in some form, by injected humour, or randomised words which dont look even slightly believable. Cordas v. Peerless Transp. 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. The man (of course) follows the mugger with the gun. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Facts Note: The following opinion was edited by LexisNexis Courtroom Cast staff. As a lowly chauffeur in defendants employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. 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. The plaintiff and her infant children were injured by the cab. The defendant is the driver's employer. [rest of the opinion redacted]. | [. 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! Rationale Under extremely urgent circumstances: own life was in danger; There are no instructions per se. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. Yeah. Cordas v. Peerless Transportation Co. 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? Kolanka v. Erie Railroad Co., . Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review: Vol. The chauffeurs [cabbies] 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. Returning to our chauffeur. 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. NY Times Paywall - Case Analysis with questions and their answers. Richmond, Michael L. 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). 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. Premise: \quad With less disposable income, spending will decrease and the economy will slow down. He is not compelled to use his infallible judgment, which would be expected of He threatened to shoot the cab driver in the head. Cordas v. 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