cordas v peerless transportation case brief

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