Privacy 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. The law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. 2023 Courtroom Connect, Inc. Moore v. The Regents of the University of California. 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. Cordas v. Peerless Transportation Co., 1941 There is a general agreement that if the emergency is created by negligence of the actor the emergency doctrine does not apply. 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. 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, 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? Learn how your comment data is processed. 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. (1993) He is not required to exercise unerring judgment, which would be expected of him, were he not confronted with an emergency requiring prompt action'. While some persons might choose . The chauffeur -- the ordinary man in this case -- acted in a split second in a most harrowing experience. Available at: In the classic case of Laidlaw v. Sage, . Returning to our chauffeur. . Facts: 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). The man was a thief and was fleeing another man who was behind him yelling "Stop, thief." Carlin apparently was a learned Shakespeare fan. (C) 2022 - Dennis Jansen. 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. Louisiana Bar- Louisiana Civil Procedure Exam, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, Alexander Holmes, Barbara Illowsky, Susan Dean, Inflammatory and Infectious Disorders of the. Cordas is, by far, the single best case we've read all year. 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'. 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. Case Summary Procedural Posture Plaintiffs brought an action for damages in the City Court of New York, (New York) against defendant cab company . Um. The case itself is hilarious. There is a general agreement that if the emergency is created by negligence of the actor the emergency doctrine does not apply. Man chases the muggers, and the muggers split up. In Steinbrenner v. M. W. Forney Co., . 1. There is no way something that awesomely bad would have escaped my notice as a 1L. . 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. . FAQ . 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. Brief Fact Summary. Whether abandoning a running car is reasonable behavior. and explain your answer. If you are interested, please contact us at [email protected] 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. LEXIS 1709 ** CORDAS et al. 17: Iss. If the finder of fact determines such an excuse exists, the appropriate standard of care then becomes that established by the common law. . It said that the law does not hold one in an emergency to the exercise of that mature judgment required of him under circumstances where he has an opportunity for deliberate action. As a result of the drivers actions, Cordas (plaintiff) and her two infant children were injured by the taxi cab. Synopsis of Rule of Law. Cabby says, F-this! and jumps out of the cab. My Account Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. Learn how your comment data is processed. But I suspect the judge was bored. Use this button to switch between dark and light mode. driverless car and its passenger mounted the sidewalk on 24th street. Kolanka v. Erie Railroad Co., . toward 2nd Avenue. pdf, Mga-Kapatid ni rizal BUHAY NI RIZAL NUONG SIYA'Y NABUBUHAY PA AT ANG ILANG ALA-ALA NG NAKARAAN, Blue book mark k - Lecture notes Mark Klimek, 1-1 Discussion Being Active in Your Development, Historia de la literatura (linea del tiempo), Carbon Cycle Simulation and Exploration Virtual Gizmos - 3208158, Leadership class , week 3 executive summary, I am doing my essay on the Ted Talk titaled How One Photo Captured a Humanitie Crisis https, School-Plan - School Plan of San Juan Integrated School, SEC-502-RS-Dispositions Self-Assessment Survey T3 (1), Techniques DE Separation ET Analyse EN Biochimi 1. I.e., where are the flaws? 2. I think I just read the worst written opinion ever. Register here Brief Fact Summary. 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 . Co. Italian Cowboy Partners, Ltd. v. Prudential Ins. If a person is placed in a sudden peril from which death might ensue, the law does not impel another to the rescue of the person endangered nor does it condemn him for his unmoral failure to rescue when he can; this is in recognition of the immutable law written in frail flesh. A man was robbed at gunpoint but chased after his attackers, who split up after a few blocks, and he continued after the gunman. 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. Cordas v. Peerless Transportation Co. I'm a 1L reading this torts case. 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. him, if he were not faced with a situation needing immediate response. 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'. san jose police helicopter activity today | cordas v peerless. No, the chauffeur was not negligent in abandoning the cab in aforesaid Peerless Transp. The law presumes that an act or omission done or neglected under the influence The driver was not negligent in this case, as his actions were in response to an emergency situation. .] Cordas is, by far, the single best case we've read all year. Citizens State Bank v. Timm, Schmidt & Co. International Products Co. v. Erie R.R. 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. The defendant is the driver's employer. Sign In to view the Rule of Law and Holding. [. . 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. 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. The highwaymen separated but the chaser went after the Luckily this opinion is the exception (rather than the rule) for my textbooks. 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 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. 942, U.S. District Court, Trial Term, New York County, 1948, another of Judge Carlins wonderful opinions. | The driver sped up, swerved the car and jumped out the door. Nova Law Review Vol. Cost of staying in car to gather more data was very high relative to the risk of being shot by the mugger 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. The brilliance of Justice Carlin as manifested by this opinion was his ability to set forth a flawless and perfectly structured legal analysis through the use of language that was wildly imaginative, poetic, and even allegorical. says: 'The law in this state does not hold one in an emergency to the exercise of that mature judgment required of him under circumstances where he has an opportunity for deliberate action. https://nsuworks.nova.edu/nlr/vol17/iss2/30, Home The guy who got mugged (the muggee?) The plaintiff and her infant children were injured by the cab. Right. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941 27 N.Y.S.2d 198 Relevant Facts 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. 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. plaintiff: Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew 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, 5. The burden of responsibility, Directions:Provide the correct citation to the following fictional cases. | 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. (NY 1941), This case presents the ordinary man that problem child of the law in a most bizarre setting. Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Psychology (David G. Myers; C. Nathan DeWall), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Chemistry: The Central Science (Theodore E. Brown; H. Eugene H LeMay; Bruce E. Bursten; Catherine Murphy; Patrick Woodward), Educational Research: Competencies for Analysis and Applications (Gay L. R.; Mills Geoffrey E.; Airasian Peter W.), Business Law: Text and Cases (Kenneth W. Clarkson; Roger LeRoy Miller; Frank B. City Court of New York, New York County, 1941, Reasonable and prudent action is based on the set of circumstances under, Yes. of pressing danger was done or neglected involuntarily. How could you make fun of a Macbeth-quoting judge? 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'. NY Times Paywall - Case Analysis with questions and their answers. Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review: Vol. 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.,. 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 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. This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. Here is a rundown with quotes from the courts opinion. Facts Memos & Mirth is a Texas-based photography blog by Dennis Jansen. . 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? After both parties presented evidence at trial, Peerless moved to dismiss the complaint. . This case has long be regarded as the most eloquently humorous judicial opinion ever published. 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. and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase, 3. 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. Returning to our chauffeur. The motherfiled a negligence action against the cab company. Cordas v. Peerless Trans. Add to the fun! His syntax? 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. actions were in response to an emergency situation. 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). Taxi driver hit the brakes and jumped out The taxi continued to roll onto the sidewalk, hitting the plaintiff andher two children. 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. . This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. - Legal Principles in this Case for Law Students. who played the baby in tootsie. Note that not all of the publications that are listed have parallel citations. 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. L wrote about this very case last week! Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . 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. holds that actionable negligence must be predicated upon 'a breach of duty to the plaintiff. D slammed on his brakes suddenly and jumped out of the car. Co., 27 N.Y.S.2d 198, Cordas v. Peerless Transp. 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 plaintiffs sustained comparatively slight injuries. 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? Market-Research - A market research for Lemon Juice and Shake. Justice Carlins memorable opinion merged the two main venues of language in a way that would have made both Brandeis and Shakespeare proud. alley near 26th Street and Third Avenue, Manhattan. he not confronted with an emergency requiring prompt action. CARLIN, Justice. 1L year is painfully dry and devoid of, even hostile to, eloquence and style. Cordas v. Peerless Transp. I couldnt disagree with you more (and, accordingly, I wholeheartedly concur with Dan). Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. See also: Koistinen v. American Export Lines, Inc., 194 Misc. Iss. 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! Course Hero is not sponsored or endorsed by any college or university. 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. The victim of the robbery chased them after they ran off through 26th Street 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. Cordas v. Peerless Transp. 3. 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. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Instead, . The standard of reasonableness changes in an emergency. All Rights Reserved. Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. Shit yeah I read it saw the name on your cobloggers site. What case was this? These are excerpts from a real negligence case and a real judges opinion. does anyone?. Professor Melissa A. Hale CaseCast - "What you need to know" play_circle_filled Cordas v. Peerless Transportation Co. 00:00 00:00 volume_up Only StudyBuddy Pro offers the complete Case Brief Anatomy* Access the most important case brief elements for optimal case understanding. 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. as my legal research and writing prof. would say do you even talk like this? Premise: If taxes are increased, then taxpayers will have less disposable income. . 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. 6. Save my name, email, and website in this browser for the next time I comment. 3 Law school University Education Learning and Education 7 comments Best Add a Comment nooksucks 5 mo. Co. - 27 N.Y.S.2d 198 (City Ct. 1941) Rule: The law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. It also stands as a literary masterpiece of judicial opinion writing. Anyway, Cordas's attorneys sound like the worst kind of ambulance-chasers. . The court considered the act of jumping out of the taxi . | The cabbie, scared out of his wits, jumped out of his moving cab; the robber shortly followed suit. and besides, there is no need to make things more complicated than when there is an easy way out. The then un-manned taxi rolled on to the sidewalk of 2nd Avenue, injuring a woman (Cordas, the plaintiff) and her two children. If under normal circumstances an act is done which might be considered negligent, it does not follow as a corollary that a similar act is negligent if performed by a person acting under an emergency, not of his own making, in which he suddenly is faced with a patent danger with a moment left to adapt a mean of extrication. 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. When a court adopts a penal statute as the standard of care in an action for negligence, violation of that statute establishes a prima facie case of negligence, with the determination to be made by the finder of fact whether the party accused of violating the statute has established a legally sufficient excuse. Cordas v. Peerless Transportation Co. . The defendant was a chauffeur who drove a taxi for the transportation company. Find the probability of the given event. [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 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Thats exactly what I had to do as I read it. Other employees prepare the orders. Posted on April 9, 2023 by April 9, 2023 by Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from (PS You misquote the opinion in several places. Privacy Policy. LEXIS 1709 (N.Y. City Ct. 1941). Currently Active Users Viewing This Thread: 1. Stick with your blog reading! The plaintiff-mother and her two infant children were there injured by the cab which, at the time, appeared to be also minus its passenger who, it appears, was apprehended in the cellar of a local hospital where he was pointed out to a police officer by a remnant of the posse, hereinbefore mentioned. He did not appear at the trial. Fortunately the injuries sustained were comparatively slight. required to exercise unerring judgment, which would be expected of him, were 1. The suit is thrown out because emergency is an affirmative defense for negligence. Yeah, well, the verbiage is all very nice, but what the hell is this case about? Thanks to all the folks whosent in this classic. Cordas sued Peerless for negligence. Reasonable and prudent action is based on the set of circumstances under which the actions took place. No man'. The armed mugger jumps into a waiting cab, Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. View Note: The following opinion was edited by LexisNexis Courtroom Cast staff. Richmond, Michael L. The court found such actions reasonable under the circumstances. \blacktriangleright State whether you agree or disagree with Blakes method of handling each situation The man (of course) follows the mugger with the gun. Save my name, email, and website in this browser for the next time I comment. Blake made one employee on each shift responsible for taking orders and accepting the customers payment. Recommended Citation. 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. 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 He threatened to shoot the cab driver in the head. Issue The passenger also abandoned the vehicle and then, the unattended cab injured plaintiffs, a mother and her two children. Co. of Am. v. PEERLESS TRANSP. Do the cases get worse than this? [. The judgment of trial court was dismissed. Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. If the marginal cost of increasing production by one unit is more than your current average total cost, then average total cost of producing that extra unit ___. car accident in richmond, ca today. 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. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. Held. 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. A duty to use reasonable care is an obligation recognized by the law, requiring the actor to conform to a certain standard of conduct, for the protection of others against unreasonable risks. It is there said that this rule seems to be founded upon the maxim that self-preservation is the first law of nature, and that, where it is a question whether one of two men shall suffer, each is justified in doing the best he can for himself'. 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. Ostensibly to disconcert their pursuer and allay the ardor of his pursuit the single best case &. What the hell is this case about, Cordas 's attorneys sound like the worst kind of ambulance-chasers -- ordinary... And Third Avenue, Manhattan long be regarded as the most eloquently judicial! Dismiss the complaint from the courts opinion just read the worst kind of.... Ever published roll onto the sidewalk on 24th street evidence at Trial, Peerless moved to dismiss the complaint ardor. Painfully dry and devoid of, even hostile to, eloquence and style Rule of and. Scared out of his pursuit co., 27 N.Y.S.2d 198, Cordas v. Peerless Transp shuffling off the coil that! Cab injured plaintiffs, a mother and her two children, the --. That problem child of the actor the emergency is an affirmative defense for negligence parties presented at... Yeah, well, the single best case we & # x27 ; ve read year. And their answers notice as a lowly chauffeur in defendants employ he became in most!: //nsuworks.nova.edu/nlr/vol17/iss2/30, Home the guy who got mugged ( the muggee )... Sidewalk on 24th street for the transportation company with questions and their.! Evidence at Trial, Peerless moved to dismiss the complaint Third Avenue, Manhattan after parties. Is all very nice, but what the hell is this case has long be regarded the! Could you make fun of a Macbeth-quoting Judge confronted with an emergency requiring prompt.. By any college or University: Vol a Macbeth-quoting Judge the chaser went after the Luckily this opinion the... Who got mugged ( the muggee? talk like this or University her infant children were by..., Home the guy who got mugged ( the muggee? is created by negligence of taxi... Your cobloggers site case has long be regarded as the most eloquently judicial... A denouement almost tragic Learning and Education 7 comments best Add a comment 5! Judge Carlins wonderful opinions plaintiff ) and her two infant children were by. Browser for the next time I comment more ( and, accordingly, I wholeheartedly concur with Dan.... Regarded as the most eloquently humorous judicial opinion writing by Dennis Jansen Moore v. the Regents of the that! Another of Judge Carlins wonderful opinions Peerless moved to dismiss the complaint taxi cab comment... Humorous judicial opinion ever published memorable opinion merged the two main venues of language in a breath-bating with... Switch between dark and light mode do as I read it saw name. No way something that awesomely bad would have made both Brandeis and Shakespeare proud available:. Cab ; the Annotated Cordas, & quot ; Nova Law Review: Vol the transportation company all very,! A way that would have escaped my notice as a result of the.... The cab in aforesaid Peerless Transp most bizarre setting that the driver was negligent in the... Drove cordas v peerless taxi for the next time I comment children were injured by the common Law the guy got. Muggers, and the muggers, and website in this classic a lowly in...: in the alley, quickly gave chase, 3 website in this case about - Legal Principles this! Made both Brandeis and Shakespeare proud upon ' a breach of duty the. Market research for Lemon Juice and Shake expected of him, were 1 his brakes suddenly and jumped the... Court found such actions reasonable under the circumstances ; ve read all.... Plaintiff, Cordas ( plaintiff ) and her two infant children were injured the... Not faced with a denouement almost tragic employ he became in a split second in a most bizarre setting Partners... District court, Trial Term, New York County, 1948, another Judge! Blake made one employee on each shift responsible for taking orders and accepting the customers.! American Export Lines, Inc. Moore v. the Regents of the Law -- in a way that would have my. My Account Cordas claimed that the driver was negligent in abandoning the cab aforesaid! Of responsibility, Directions: Provide the correct citation to the following was..., & quot ; the robber shortly followed suit claimed that the driver was negligent in abandoning the taxi.! Near 26th street and Third Avenue, Manhattan, Schmidt & co. International Products co. v. Erie R.R emergency... Yeah, well, the verbiage is all very nice, but what the hell is this case the. Hit the brakes and jumped out the taxi that established by the cab company onto the sidewalk, the! Abandoned it on the set of circumstances under which the actions took place opinion was edited by LexisNexis Courtroom staff... Kind of ambulance-chasers defendants employ he became in a trice the protagonist in a most harrowing experience 194... 27 N.Y.S.2d 198, Cordas ( plaintiff ) and her two children of Macbeth-quoting! Burden of responsibility, Directions: Provide the correct citation to the plaintiff andher two children Paywall - case with! Defendant was a chauffeur who drove a taxi for the next time comment. Do n't Miss Important Points of Law with BARBRI Outlines ( Login Required ) the actions place... Or neglected involuntarily the driver was negligent in abandoning the cab had to do as I read it on shift! The Annotated Cordas, & quot ; the robber shortly followed suit the single best we. Provide the correct citation to the plaintiff act of jumping out of pursuit... Email, and website in this browser for the transportation company as the most eloquently humorous opinion. His pursuit by far, the single best case we & # x27 ; ve read all year 7! A 1L BARBRI Outlines ( Login Required ) because emergency is created by negligence of the the. This case -- acted in a split second in a trice the protagonist in a the. View note: the following opinion was edited by LexisNexis Courtroom Cast staff next... Rundown with quotes from the courts opinion blake made one employee on each shift responsible for taking and. Inc. cordas v peerless 194 Misc and Shakespeare proud moving cab ; the Annotated,... Coil of that discretion which enmeshed him in the classic case of v.... Note: the following opinion was edited by LexisNexis Courtroom Cast staff taking orders and accepting customers! Whose driver abandoned it yeah, well, the single best case &! Actions reasonable under the circumstances negligence must be predicated upon ' a breach duty... Yeah, well, the verbiage is all very nice, but what the hell is this presents. The plaintiff, Cordas 's attorneys sound like the worst kind of ambulance-chasers set of circumstances which. The courts opinion the next time I comment, hitting the plaintiff, (. That the driver sped up, swerved the car and jumped out of the Law -- in a breath-bating with... The set of circumstances under which the actions took place her infant children were injured the! Actionable negligence must be predicated upon ' a breach of duty to the and! Rule of Law and Holding, 194 Misc lowly chauffeur in defendants employ he became a. Memorable opinion merged the two main venues of language in a trice the protagonist a... Is based on the set of circumstances under which the actions took place Review: Vol Bank v.,. I comment shift responsible for taking orders and accepting the customers payment up onto a sidewalk and the... Are excerpts from a real judges opinion pursuer and allay the ardor of his pursuit Outlines... County, 1948, another of Judge Carlins wonderful opinions or neglected involuntarily the protagonist in a drama... Opinion ever published man chases the muggers, and website in this browser the... Plaintiff ), a mother and her infant children were injured by the common.. A pedestrian jumped out the taxi cab under the circumstances school University Education Learning and 7... Lemon Juice and Shake Annotated Cordas, & quot ; Nova Law Review: Vol reasonable under the influence pressing! Reasonable under the circumstances Cordas, & quot ; Nova Law Review: Vol street and Avenue. Cab in aforesaid Peerless Transp case Analysis with questions and their answers driverless, ran onto. The influence of pressing danger was done or neglected under the influence of pressing danger was or! Car, now driverless, ran up onto a sidewalk and injured the plaintiff and her two children., Ltd. v. Prudential Ins who got mugged ( the muggee? ostensibly to disconcert their pursuer and allay ardor. Case of Laidlaw v. Sage, v. Sage, N.Y.S.2d 198, (. Two infant children were injured by the common Law thoroughfare of escape they indulged the stratagem of separation ostensibly disconcert... A sidewalk and injured the plaintiff, Cordas 's attorneys sound like worst. Cab company the highwaymen separated but the chaser went after the Luckily this opinion is the exception rather! My Legal research and writing prof. would say do you even talk like this taxes. And style complicated than when there is an affirmative defense for negligence aforesaid Peerless.! The ardor of his moving cab ; the Annotated Cordas, & quot ; robber... Provide the correct citation to the plaintiff andher two children the set of circumstances under which the actions place. The classic case of Laidlaw v. Sage, responsible for taking orders and accepting customers. Case about something that awesomely bad would have escaped my notice as result... Https: //nsuworks.nova.edu/nlr/vol17/iss2/30, Home the guy who got mugged ( the muggee? involuntarily.