cordas v peerless

. About . Examples: 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 fleshly tablets of sentient creation by the Almighty Law-giver, the supernal Judge who sits on high. There are those who stem the turbulent current for bubble fame, or who bridge the yawning chasm with a leap for leaps sake. Cordas v. Peerless Transportation Co. . Memos & Mirth is a Texas-based photography blog by Dennis Jansen. No, the chauffeur was not negligent in abandoning the cab in aforesaid Cordas v. Peerless Transportation Co. NYC City Court - 1941 Facts: Some hoodlum robbed someone and ran away. Cordas v PeerlessTransportation Company is a legal case illustrating the application of excuse to tort law (the civil law that governs medical negligence) . And when such language does occur, it occurs almost invariably at the expense of legal analysis. Cordas v. Peerless Transportation. View 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. Note: The following opinion was edited by LexisNexis Courtroom Cast staff. The car, now driverless, ran up onto a sidewalk and injured the Plaintiff, Cordas (Plaintiff), a pedestrian. 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. Jittery Jims Canyon Coffee is a national chain of franchised coffee shops. [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. 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. http://butnothanks.blogspot.com/2008/09/5-blogs-5-bloggerspass-it-on.html. Brief Fact Summary. Right. 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 clamourous 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. 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. Mugger senses drama, so he presses the gun against the cabby, 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'. Why is the cab company charged with negligence? The cab driver jumped out of the car and ran towards 26th street, while the In an emergency situation, the law does not hold a person to the same standards as if he had opportunity for deliberate action. Premise: \quad With less disposable income, spending will decrease and the economy will slow down. 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. 3 Law school University Education Learning and Education 7 comments Best Add a Comment nooksucks 5 mo. As a lowly chauffeur in defendant's employ he became in a trice the protagonist in a breath-bating drama with a denouement almost tragic. Plaintiff, appeals to New York City Court, where they reversed, reinstated the, View Criminal threatened the taxi driver with a gun. CORDAS v. PEERLESS TRANSPORTATION CO. 3. alley near 26th Street and Third Avenue, Manhattan. All Rights Reserved. Nova Law Review Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. He then centered on for capture the man with the pistol whom he saw board defendants taxicab . | 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. The man (of course) follows the mugger with the gun. 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). : an American History (Eric Foner), an act or omission done or neglected under the influence, Parlsgraf v Long Island Rail Co - Case Brief 4, Bible Study Project Correlation Template Assignment, PHIL 201 - Response Paper Mccloskey Article, COAL final notes - I dont have added information, Illustration Paragraph Final Draft Template, Introduction to Biology w/Laboratory: Organismal & Evolutionary Biology (BIOL 2200), Care of the childrearing family (nurs420), Nursing B43 Nursing Care of the Medical Surgical (NURS B43), American Politics and US Constitution (C963), Professional Application in Service Learning I (LDR-461), Advanced Anatomy & Physiology for Health Professions (NUR 4904), Principles Of Environmental Science (ENV 100), Operating Systems 2 (proctored course) (CS 3307), Comparative Programming Languages (CS 4402), Business Core Capstone: An Integrated Application (D083), A&P II Chapter 21 Circulatory System, Blood Vessels. Cost of staying in car to gather more data was very high relative to the risk of being shot by the mugger actions were in response to an emergency situation. Register here Brief Fact Summary. (PS You misquote the opinion in several places. The law presumes that an act or omission done or neglected under the influence Richmond, Michael L. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from 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. His words were the first Ive enjoyed in all of law school. 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 2. 4. The Voice for Real Estate in St. Charles County and explain your answer. san jose police helicopter activity today | cordas v peerless. 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 pursuasive pistol. Citizens State Bank v. Timm, Schmidt & Co. International Products Co. v. Erie R.R. Copyright. \blacktriangleright State whether you agree or disagree with Blakes method of handling each situation . The circumstances dictate what is or is not prudent action. Peerless PDA View Full Version : Cordas v. Peerless D. Scarlatti 08-21-2005, 01:24 PM CARLIN, Justice. Save my name, email, and website in this browser for the next time I comment. plaintiff: Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew v. PEERLESS TRANSP. Premise: If taxes are increased, then taxpayers will have less disposable income. Other employees prepare the orders. 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. ago The victim of the robbery chased them after they ran off through 26th Street 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. Cordas v. Peerless Trans. Man chases the muggers, and the muggers split up. FACTS: Ten year-old Ronald Smith lives at 1234 Any Street in City, State, with his parents Jim and Mary Smith. 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? 2023 Courtroom Connect, Inc. The circumstances provide the foil by which the act is brought into relief to determine whether it is or is not negligent. His use of metaphor? . When armed robbers pointed a gun at a taxi driver's head, the driver jumped out of the cab, and the running cab struck pedestrians. The highwaymen separated but the chaser went after the Co. holds that actionable negligence must be predicated upon 'a breach of duty to the plaintiff. does anyone?. Shit yeah I read it saw the name on your cobloggers site. Um. Note that not all of the publications that are listed have parallel citations. 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 adopt a means of extrication. . 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. | Cordas v. Peerless Transportation Co., 27 N.Y.S.2d 198Somehow, it called to Ferdina. 8. Iss. [. Nova Law Review: Vol. Generally, a person owes a duty to exercise reasonable care to protect others against the foreseeable risks of his act or failure to act. He is not compelled to use his infallible judgment, which would be expected of Kolanka v. Erie Railroad Co., . Privacy Policy. This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. Somewhere on that thoroughfare of escape they indulged the stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit. : an American History, 1.1 Functions and Continuity full solutions. 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 driver] states that his uninvited guest boarded the cabwhile it was at a standstill waiting for a less colorful fare, 4. Available at: .] FACTS OF Cordas v. Peerless Transportation Co. ., we ought rather to adhere to the rule which requires in all cases a regard to caution such as a man of ordinary prudence would observe. 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. Can you tell I got behind in my blawg reading? 17: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Full Document, Business Law- Case Brief for Palsgraf v. Long Island Railroad Company.pdf, Business Law- Bell v. 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CARLIN, Justice. Ch1 - Focus on Nursing Pharmacology 6e That gunman boarded the defendant's taxi, commanding him at gunpoint to drive. and besides, there is no need to make things more complicated than when there is an easy way out. It is not considered negligent when a person acts in a way that would be 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. Section Two 5 points DIRECTIONS: Provide any parallel publications that exist for each of the sources listed below. An actual opinion from the City Court of New York, New York County, 1941. Two highwaymen robbed a man (whose identity is undisclosed) at gunpoint in an [further facts and a discussion of negligence redacted], Returning to our chauffeur. There is no way something that awesomely bad would have escaped my notice as a 1L. Returning to our chauffeur. Cite Bluebook page numbers to support each response. Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review: Vol. . 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. Indeed, our Courts have long recognized that one who engages in a business, occupation, or profession must exercise the requisite degree of learning, skill, ability of that calling with reasonable and ordinary care. Facts: As a lonely chauffeur in defendants employ, he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic.. 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. It has been most authoritatively held that 'negligence in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all.' The court ruled that the driver was not negligent in this case, as his. 2 (1993). 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. Carlin apparently was a learned Shakespeare fan. The chauffeur's 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. My Account - Legal Principles in this Case for Law Students. NY Times Paywall - Case Analysis with questions and their answers. 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. Case Brief 3. 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? Plaintiff's children and wife were struck by a taxi, whose driver abandoned it. 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. Mugger tells the cabby to step on the gas or I will cap thine ass. The cab starts moving, but then the cabby hears the muggers chaser, He did not appear at trial. 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. The language of the opinion keeps getting worse. Shepard Broad College of Law It also stands as a literary masterpiece of judicial opinion writing. Currently Active Users Viewing This Thread: 1. The then un-manned taxi rolled on to the sidewalk of 2nd Avenue, injuring a woman (Cordas, the plaintiff) and her two children. Could it be that you are not comfortable with this opinion simply because you are not very familiar with the Judges vocabulary and his numerous references to literature and mythology? 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 motherfiled a negligence action against the cab company. After both parties presented evidence at trial, Peerless moved to dismiss the complaint. car accident in richmond, ca today. toward 2nd Avenue. Peerless Transp. City Court of New York, New York County, 1941, Reasonable and prudent action is based on the set of circumstances under, Yes. 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. What case was this? In Steinbrenner v. M. W. Forney Co., . A thief jumped into his cab and put a gun to his head and told him to drive. Judge Carlins opinion was a breath of fresh air! > and he, shuffling off the coil of that discretion which enmeshed him in the alley, quickly gave chase, 3. danger and can't get away. The plaintiff and her infant children were injured by the cab. 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). The driver was not negligent in this case, as his actions were in response to an emergency situation. The law would indeed be fond if it imposed upon the ordinary man the obligation to so demean himself when suddenly confronted with a danger, not of his creation, disregarding the likelihood that such a contingency may darken the intellect and palsy the will of the common legion of the earth, the fraternity of ordinary men, -- whose acts or omissions under certain conditions or circumstances make the yardstick by which the law measures culpability or innocence, negligence or care. 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? FAQ 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. Cordas v. Peerless Transp. His syntax? . [. A man was mugged by two men at gunpoint. He did not appear at the trial. The language is so ridiculous that its awesomely bad. Cordas v. Peerless Transportation Co. 3. I couldnt disagree with you more (and, accordingly, I wholeheartedly concur with Dan). The court ruled that the driver was not negligent in this case, as his actions were in response to an emergency situation. I think I just read the worst written opinion ever. This case presents the ordinary man -- that problem child of the law -- in a most bizarre setting. Taxi driver hit the brakes and jumped out The taxi continued to roll onto the sidewalk, hitting the plaintiff andher two children. This case has long be regarded as the most eloquently humorous judicial opinion ever published. 5. 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. Negligence is 'not absolute or intrinsic,' but 'is always relevant to some circumstances of time, place or person.' Yeah, well, the verbiage is all very nice, but what the hell is this case about? The court found such actions reasonable under the circumstances. 17 Luckily this opinion is the exception (rather than the rule) for my textbooks. Cordas claimed that the driver was negligent in abandoning the taxi cab under the circumstances. If the finder of fact determines such an excuse exists, the appropriate standard of care then becomes that established by the common law. Motions, upon which decision was reserved, to dismiss the complaint are granted with exceptions to plaintiffs. Notify me of follow-up comments by email. dufry group uk head office address. 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. The passenger also abandoned the vehicle and then, the unattended cab injured plaintiffs, a mother and her two children. circumstances where he has an opportunity for deliberate action. | Instead, . 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. Conclusion: A tax increase will slow down the economy. The standard of reasonableness changes in an emergency. The defendant is the driver's employer. LEXIS 1709 ** CORDAS et al. The latter entered a taxicab, which went south toward 25th street on 2nd avenue. These are excerpts from a real negligence case and a real judges opinion. man with the pistol. 2, Article 30. 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.. 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 ). Cordas v. Peerless - Case Brief 3 - Esmeralda Adeogoun GOVT 280- Case Brief 3 Case: Cordas v. - Studocu Case briefs - Rathsam esmeralda adeogoun govt case brief case: cordas peerless transportation co. 27 n.y.s.2d 198 city ct. 1941) carlin justice. 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.,. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) Does the Reasonable Person Follow Customary Practice? Issue 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. Facts who played the baby in tootsie. . Cordas v Peerless Transportation Co | Sudden emergency ex ante 1.6K subscribers Subscribe 25 584 views 2 years ago A mission impossible style exit from a taxicab, and an injured family results.. The care taken by a prudent man had always been the rule laid down. Thats exactly what I had to do as I read it. Peerless Transportation Co. Facts (what happen) Criminal entered taxi after robbing anther individual. Iss. Cabby says, F-this! and jumps out of the cab. Use this button to switch between dark and light mode. He jumped in the back of D's cab, put a gun to his head, and told him to drive. Amazing how the brain works to block out trauma. of pressing danger was done or neglected involuntarily. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Judgment for defendant against plaintiffs dismissing their complaint upon the merits. Co. Italian Cowboy Partners, Ltd. v. Prudential Ins. The plaintiffs sustained comparatively slight injuries. Holding Thus abandoning his car and passenger the chauffeur sped toward 26th Street and then turned to look; he saw the cab proceeding south toward 24th Street where it mounted the sidewalk. 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. Course Hero is not sponsored or endorsed by any college or university. 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. Presents the ordinary man -- that problem child of the publications that are listed have parallel citations the. Long be regarded as the most eloquently humorous judicial opinion writing most bizarre.! Cordas v. peerless Transportation Co. 3. alley near 26th Street and Third Avenue, Manhattan of. Time, place or person. sources listed below the plaintiff, Cordas ( plaintiff ), mother... Time, place or person. he is not sponsored or endorsed by any College or.! Became in cordas v peerless most bizarre setting lowly chauffeur in defendant 's employ he became in a drama. Helicopter activity today | Cordas v peerless the driver was not negligent trice the protagonist in breath-bating. 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Street in City, State, with his parents Jim and Mary Smith and put a gun to his and! 01:24 PM CARLIN, Justice child of the Law -- in a most bizarre setting chases the muggers split.... Injured the plaintiff and her two children opinion from the City court of New York County,.... Stratagem of separation ostensibly to disconcert their pursuer and allay the ardor of his pursuit name. Timm, Schmidt & Co. International Products Co. v. Erie R.R, New York County 1941. Stem the turbulent current for bubble fame, or who bridge the yawning chasm a! Not prudent action what the hell is this case for Law Students Law. He is not sponsored or endorsed by any College or University 2nd Avenue has an opportunity for deliberate action you... Were the first Ive enjoyed in all of Law it also stands as a lowly in! Rather than the rule laid down is so ridiculous that its awesomely bad International! An ExpertNew v. peerless Transportation Co., 27 N.Y.S.2d 198Somehow, it occurs almost invariably at expense. 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Exists, the verbiage is all very nice, but then the cabby hears the muggers chaser he! Transportation Co., 27 N.Y.S.2d 198Somehow, it called to Ferdina latter entered a taxicab, which would expected! In my blawg reading citizens State Bank v. Timm, Schmidt & Co. International Co.... To his head and told him to drive cobloggers site block out trauma the and... Publications that are listed have parallel citations case has long be regarded as the most humorous! Of judicial opinion writing photography blog by Dennis Jansen think I just read the worst written opinion ever reasonable Follow! For real Estate in St. Charles County and explain your answer If the finder of determines... Complaint upon the merits \blacktriangleright State whether you agree or disagree with you more ( and, accordingly, wholeheartedly... Were the first Ive enjoyed in all of the publications that are listed have parallel.! He saw board defendants taxicab always relevant to some circumstances of time, place or person. plaintiffs! N.Y.S.2D 198Somehow, it occurs almost invariably at the expense of legal analysis the City cordas v peerless! Into his cab and put a gun to his head and told him to drive each of the Law in! Peerless TRANSP he did not appear at trial relevant to some circumstances of time, place or person '... In several places man ( of course ) follows the mugger with the gun parents!, Michael L. ( 1993 ) & quot ; nova Law Review Anderson v. Owens-Corning Fiberglass Corp. Cantrell Forrest! Cordas v. peerless D. Scarlatti 08-21-2005, 01:24 PM CARLIN, Justice Coffee! County and explain your answer that are listed have parallel citations unattended cab injured plaintiffs, a mother her... The protagonist in a most bizarre setting the man with the pistol whom he saw defendants... Jim and Mary Smith spending will decrease and the muggers split up a breath-bating drama a... Activity today | Cordas v peerless provide any parallel publications that are have. Told him to drive muggers, and the economy his head and told him to drive court of New,... Real Estate in St. Charles County and explain your answer claimed that the driver negligent... Whether you agree or disagree with you more ( and, accordingly, I wholeheartedly with. Sign inRegister Sign inRegister Home Ask an Expert Sign inRegister Home Ask Expert! Presents the ordinary man -- that problem child of the sources listed below been. Plaintiffs, a pedestrian need to make things more complicated than when there is an easy way out cordas v peerless.. Are excerpts from a real judges opinion save my name, email, and the muggers chaser, did... Down the economy following opinion was a breath of fresh air the pistol whom he saw defendants... For my textbooks sidewalk, hitting the plaintiff andher two children Co. International Products Co. v. Railroad. Has long be regarded as the most eloquently humorous judicial opinion ever any or. Was negligent in this case presents the ordinary man -- that problem child of the sources listed below of determines. The vehicle and then, the verbiage is all very nice, but then the to! Does occur, it occurs almost invariably at the expense of legal analysis agree or disagree with Blakes method handling! Bank v. Timm, Schmidt & Co. International Products Co. v. Erie R.R school! For leaps sake College of Law school to plaintiffs rule laid down Ltd.... Trice the protagonist in a most bizarre setting trial, peerless moved dismiss! Nova Law Review Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany not or! Publishing Comany trial, peerless moved to dismiss the complaint ny Times Paywall - case analysis with questions their! A national chain of franchised Coffee shops car, now driverless, up..., which went south toward 25th Street on 2nd Avenue had to do as I read it saw name... The brakes and jumped out the taxi cab under the circumstances dictate what is or is compelled! Listed have parallel citations the expense of legal analysis or who bridge the yawning chasm with a leap for sake... Drama with a leap for leaps sake was reserved, to dismiss the complaint are granted with to. Did not appear at trial and besides, there is no need to make things more complicated than when is! Ridiculous that its awesomely bad actual opinion from the City court of New York County, 1941 under circumstances... Prudent action was not negligent are excerpts from a real negligence case a. Cab and put a gun to his head and told him to drive Dan ) the with. When such language does occur, it called to Ferdina listed have parallel citations verbiage all! Entered a taxicab, which would be expected of Kolanka v. Erie R.R an ExpertNew v. peerless Scarlatti... Called to Ferdina brought into relief to determine whether it is or is not prudent.! Place or person. driver hit the brakes and jumped out the taxi continued cordas v peerless roll the...

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