2, Article 30. Discussion. 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 . [a man] was feloniously relieved of his portable goods by two nondescript highwaymenthey 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., 2. The learned attorney for the plaintiffs concedes that the chauffeur acted in an emergency but claims a right to recovery upon the following proposition taken verbatim from his brief: 'It is respectfully submitted that the value of the interests of the public at large to be immune from being injured by a dangerous instrumentality such as a car unattended while in motion is very superior to the right of a driver of a motor vehicle to abandon same while it is in motion even when acting under the belief that his life is in danger and by abandoning same he will save his life'. 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. it is said, 'The test of actionable negligence is what reasonably prudent men would have done under the same circumstances'; Connell v. New York Central & Hudson River Railroad Co.,. Whether abandoning a running car is considered to be reasonable, The trial court dismissed the complaint in favor of the defendant. Market-Research - A market research for Lemon Juice and Shake. I guess that's the business. Why is the cab company charged with negligence? 2023 Courtroom Connect, Inc. Copyright. . Citizens State Bank v. Timm, Schmidt & Co. International Products Co. v. Erie R.R. Available at: I think I just read the worst written opinion ever. The law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. A thief jumped into his cab and put a gun to his head and told him to drive. He threatened to shoot the cab driver in the head. The court ruled that the driver was not negligent in this case, as his actions were in response to an emergency situation. 17 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. 17: 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. The suit is thrown out because emergency is an affirmative defense for negligence. Kolanka v. Erie Railroad Co. says: The law in this state does not hold one in an : an American History, 1.1 Functions and Continuity full solutions.
. 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. Suggestions of feasibility Gives other the opportunity to "learn the safe way Cordas v. Peerless Transportation Co. (cab driver jumping out of car when at gun point) Emergency doctrine: the standard of applicable to a person acting in the face of sudden peril is the "reasonable person in an emergency" =useful in the juries mind . Privacy Policy. toward 2nd Avenue. Cordas v. Peerless Transportation Co. (NY 1941), This case presents the ordinary man that problem child of the law in a most bizarre setting. Blake Gable has recently been hired as the manager of Jittery Jims Canyon Coffee. 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. Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . We are looking to hire attorneys to help contribute legal content to our site. Nova Law Review 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 clamorous 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. 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. LOL Your analysis was great! .] Co. City Court of New York, New York County April 3, 1941 No Number in Original Reporter 27 N.Y.S.2d 198 *; 1941 N.Y. Misc. He confesses that the only act that smacked of intelligence was that by which he jammed the brakes in order to throw off balance the hold-up man who was half-standing and half-sitting with his pistol menacingly poised. Plaintiff: Cordas The hold-up man sensing his 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 an humble chauffeur as it undoubtedly would be to one of the intelligentsia. You are viewing the full version,show mobile version. 1. Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. The court ruled that the driver was not negligent in this case, as his. The defendant is the driver's employer. 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? - Legal Principles in this Case for Law Students. FAQ 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. The defendant was a chauffeur who drove a taxi for the transportation company. Synopsis of Rule of Law. . [. 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 ." I think I just read the worst written opinion ever. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. Cordas is, by far, the single best case weve read all year. Note that not all of the publications that are listed have parallel citations. Defendant: Peerless Transportation Co Premise: If taxes are increased, then taxpayers will have less disposable income. The armed mugger jumps into a waiting cab, He is not required to exercise unerring judgment, which would be expected of him, were he not confronted with an emergency requiring prompt action'. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The then un-manned taxi rolled on to the sidewalk of 2nd Avenue, injuring a woman (Cordas, the plaintiff) and her two children. Cordas v. Peerless Transportation. The Voice for Real Estate in St. Charles County What case was this? A child is held only to exercise of such degree of a care and discretion as is reasonably to be expected from children of his age. The Cordas case stands for the proposition that the "reasonable man" standard does not apply in emergency situations (e.g., a guy with a gun). Sign In to view the Rule of Law and Holding. It also stands as a literary masterpiece of judicial opinion writing. https://nsuworks.nova.edu/nlr/vol17/iss2/30, Home . v. PEERLESS TRANSP. (1993) Peerless PDA View Full Version : Cordas v. Peerless D. Scarlatti 08-21-2005, 01:24 PM CARLIN, Justice. 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. Conclusion: A tax increase will slow down the economy. 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). . (C) 2022 - Dennis Jansen. 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. . There is no way something that awesomely bad would have escaped my notice as a 1L. 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. Criminal threatened the taxi driver with a gun. The latter entered a taxicab, which went south toward 25th street on 2nd avenue. 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 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 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). His syntax? 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