Cross), Civilization and its Discontents (Sigmund Freud), The Methodology of the Social Sciences (Max Weber), Torts I and II Area of law Get Cordas v. Peerless Transportation Co., 27 N.Y.S.2d 198 (1941), City Court of New York, New York County, case facts, key issues, and holdings and reasonings online today. Whether a person who acts in a fast manner without thinking of the consequences while. Cordas v. Peerless Transp. Some of these judges tend to get carried away with their colorful takes. slammed on the brakes and jumped out of the car. Held. 4-2 Case Study Assessing a Company's Future Financial Health - Copy . infirmity, which is treated merely as one of the circumstances under which he acts. Cordas v. Peerless Transportation Co.. Facts: Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. At the other extreme is Denny v. Radar Industries, a 1971 decision by Judge John H. Gillis of Michigan, which in its entirety reads: The appellant has attempted to distinguish the factual situation in this case from that in Renfroe v. Higgins Rack Coating and Manufacturing Co., Inc. He didnt. Cordas v. Peerless Transportation Co. (b) Emergencies make the B SOOOO high. Order affirmed, the plaintiff can recover. Relevant Facts. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). As the damage was the result of an inevitable accident and that the master of the boat, being in the exercise of due care and not at fault, should not be responsible for the damages. practice is coupled with a showing that it was ignored and that this departure was a (a) Physical Attributes (b) handicapped individual must be reasonable in the light of his knowledge of his 1910 Defendant filed a motion to dismiss. Course Hero is not sponsored or endorsed by any college or university. D.C. 46, 2010 U.S. App. Student exploration Graphing Skills SE Key Gizmos Explore Learning. Law School Case Brief; Cordas v. Peerless Transp. One of the first times many students of the law encounter a truly bizarre court opinion is an offering from the City Court of New York (which, even more oddly, is not an appeals court, but which led to a written court opinion all the same). conformed, it may establish due care.., contrariwise, when proof of a customary Notes from Class/Casebook State Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Cordas v. Peerless Transportation Co. Crabtree?? 294, 184 N.W.2d 289 (1971), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Ukiah High School Talent Show to showcase student creativity and skill, Avalanche engulfs two stories of Tahoe apartment building; evacuations are ordered, Nursing school admission can be a long wait in California. The conduct that is considered reasonable may differ but the standard is the (a) Sometimes custom and reasonableness diverge. Cas. must take precautions that an ordinary person would take if her were blind Roberts (b) If you replace one door you have to replace all of them. Discussion. tools to easily capture and understand the Issue in this case. Brief Fact Summary. Course Hero is not sponsored or endorsed by any college or university. Issue. The locality rule developed to protect rural doctors who lacked means of transportation and communication by which they could acquire the same set of skills as urban doctors. Of course, reading that opinion doesnt provide a clue what the Denny case was about, either. Cancel. Defendant Whether to apply an adult standard of care to acts of children who engage in adult behavior. 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 1941 by . Cordas v. Peerless Transportation Co. (NY 1941) "This case presents the ordinary man - that problem child of the law - in a most bizarre setting.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.". (c) When proof of an accepted practice is accompanied by evidence that the defendant Where a defendant holds herself out to have expertise and another relies on such representation, (In this case the burden of proof is on the defendant.) Prob. It was very hazardous to be out on the water so the master of the Reynolds did not leave the wharf but stayed moored, replacing lines as they wore through. He A man who had just committed a robbery jumped into Peerless Transportation Co.s taxi, After driving for a short distance, the driver. There are some areas of the common law which allow a party to be found liable despite absence of fault requirement. to move and struck and injured Cordas and her children. Sullivan v. Cordas (Plaintiff) and her two infant children were injured by the cab. *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue. knowledge are circumstances to be taken into account in determining whether the actor has behaved Strict liability 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. Jan. 5, 2010). (b) Reasons: Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. LEXIS 103, 159 Lab. Most recent commentators, however, usually cite Cordas as perhaps the worst court opinion of all time. Synopsis of Rule of Law. Courts have traditionally given children a flexible standard of care to determine their negligence. Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. Utilize our powerful A.I. 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