cordas v peerless transportation case brief

Holding: Shares the Court's answer to the legal . Prob. Issue. Whether a person who acts in a fast manner without thinking of the consequences while. Roberts v. State of Louisiana; Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. . (a) Sometimes custom and reasonableness diverge. The case is entitled Cordas v. Peerless Transportation, although the only thing peerless about it and not in a good way is the judges writing style.Cordas was decided in 1941 by Justice Frank Carlin, who apparently didnt write many opinions something for which those who have to read a lot of court opinions can always be thankful. Yes if entertaining means having to read every sentence two or three times to figure out what hes talking about. Cordas got its entertaining reputation mostly because it was written at a time when no other judges wrote opinions like that. But they do not need to be knowledge are circumstances to be taken into account in determining whether the actor has behaved proximate cause of the accident, it may serve to establish liability Trimarco v. Klein Order affirmed, the plaintiff can recover. One scholarly article actually calls it an entertaining opinion in which Judge Carlin, besides incorporating references to Scylla and Charybdis, exposed his personality and lightened what was an otherwise dramatic situation.. Therefore, neither he nor his employer was responsible for Mrs. Cordas and her childrens injuries. Brief Fact Summary.' Vincent v. Lake Erie Transportation Co. 124 N.W. 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 . 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). I think I just read the worst written opinion ever. to move and struck and injured Cordas and her children. incapacity, To allow the defense would require to draw a line between mental illness 1910 Home Case Briefs Bank Torts Cordas v. Peerless Transportation Co. Case Brief. When a child causes injury by engaging in dangerous or adult conduct, they are held to an adult standard of care. United States Furthermore, due to the uniformity of the proficiency certifications that are required by national boards, a national standard is more practical. Where a defendant holds herself out to have expertise and another relies on such representation, Whether to use a community based standard or a national standard when determining a professional standard of care. must take precautions that an ordinary person would take if her were blind Roberts ), Agent of D was driving a taxi and a guy with a gun jumped in, In fear of his own life, D jumped out of moving cab, Cab continued on, hit P (mother + daughter) on sidewalk and P was injured, P claims that D was negligent in jumping out of his moving cab, (How did this case get to this court? Course Hero is not sponsored or endorsed by any college or university. online today. Trimarco v. Klein56 N.Y.2d 98 . . (b) handicapped individual must be reasonable in the light of his knowledge of his There are some areas of the common law which allow a party to be found liable despite absence of fault requirement. Sullivan v. Cordas v. Peerless Transportation Co. (b) Emergencies make the B SOOOO high. Whether to apply an adult standard of care to acts of children who engage in adult behavior. there is no question that she is held to the general knowledge and skill of that field of expertise Judge Carlin LOVED this guy. . Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). (b) Reasons: Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01. A password will be e-mailed to you. This may make B way greater Sometimes a practice continues long LEXIS 476 (D.C. 1979). because the actor doesnt have the time to gather data Court Crabtree?? The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) does nto follow as a corollary that a similar act is negligent if performed by a person Cordas v. Peerless Transportation Co., 1941 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 . Plaintiff (i) NO NEW STANDARD: Reasonable Under the Circumstances Explore summarized Torts case briefs from Prosser, Wade and Schwartz's Torts, Cases and Materials - Schwartz, 14th Ed. . 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. Facts. Many homes and businesses are, Directions:Provide the correct citation to the following fictional cases. Cordas v. Peerless Transp. Vincent v Lake Erie Transportation Co. (1910), 124 NW 221 Right Of Passage Over Indian Territory Case (Portugal v India). IRS delays tax deadline for Bay Area, but California has not followed: What should you do? However, I think the majority of judges frown upon crafting an opinion . Defendant filed a motion to dismiss. If the defendant did not violate the plaintiff's possessory rights by remaining moored to wharf, can the plaintiff recover for damages to the wharf during a storm? Cordas v. Peerless Transp. Cordas v. Peerless Transportation Co. When operating a motorized vehicle, or taking part in a dangerous activity, children should be held to an adult standard of care because this will discourage them from engaging in the activity. How to Brief a Case What to Expect in Class How to Outline How to Prepare for Exams 1L Course Overviews Study Tips and Helpful Hints. Student exploration Graphing Skills SE Key Gizmos Explore Learning. 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 . Citation On arrival in Rapid City, company, 69. I've always assumed Cordas was a practical joke by the judge. Have you written case briefs that you want to share with our community? I'm begging you to actually look at the case OP is referencing. up to them to show who is at fault. SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case. prevent them by restraining those who are potentially dangerous, To allow mental capacity defense might induce tortfeasor to fake mental Co._ 27 N.Y.S.2d 198-1.PDF, Breunig v. American Family Ins. (CCH) P35,682, 15 Wage & Hour Cas. involved in an emergency, be held liable for negligence? Enhanced Case Briefs ; Torts > Torts Keyed to Prosser > Negligence. The defendant is the driver's employer. Cordas v. Peerless Transportation Co. 27 N.Y.S.2d 198 (1941) Cox v. Pearl Investment Co. . In fright, the chauffeur slammed on the . A mission impossible style exit from a taxicab, and an injured family results. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. acting under an emergency, not of his own making, in which he suddenly is faced with 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. conformed, it may establish due care.., contrariwise, when proof of a customary A taxi driver jumped out of his moving cab in order to escape an armed man chasing another individual. ), (What is the real question or dispute to be addressed/answered by the court? Students also viewed. Vincent, a property owner Where a defendant holds herself out to have expertise and another relies on such representation, there is no question that she is held to the general knowledge and skill of that field of expertise, does nto follow as a corollary that a similar act is negligent if performed by a person, patent danger with a moment left to adopt a means of extrication , to consider whether the defendant acted reasonably under the circumstances, conformed, it may establish due careand, contrariwise, when proof of a customary, practice is coupled with a showing that it was ignored and that this departure was a, proximate cause of the accident, it may serve to establish liability , If an actor has skills or knowledge that exceed those possessed by most others, these skills or, knowledge are circumstances to be taken into account in determining whether the actor has behaved, 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), Principles of Environmental Science (William P. Cunningham; Mary Ann Cunningham), Psychology (David G. Myers; C. Nathan DeWall), Give Me Liberty! Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from Synopsis of Rule of Law. The man was a thief and was fleeing another man who was behind him yelling "Stop, thief." Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). O'Brien, writing for the majority, held that while Lake Erie Transportation cannot be held liable for trespass due to private necessity, they had used Vincent's property to preserve their own and thus are liable for the resulting damages to the plaintiff. (a) Here theres no custom of automatic door replacement. Moore v. The Regents of the University of California. 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). Issue LEXIS 103, 159 Lab. Recommended Citation Richmond, Michael L. (1993) "The Annotated Cordas," Nova Law Review : Vol. tools to easily capture and understand the Issue in this case. Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. 179 N.W.2d 390 (Mich. 1970) . What is the, A corporate business jet operated by a company from Nation A crashes in a neighborhood in Nation B while attempting to land at the nearby airport during a thunderstorm. Cordas (Plaintiff) and her two infant children were injured by the cab. Vincent v Lake Erie Transportation Co. calves, thighs, and hips. Judges are allowed a level of discretion towards flavoring their opinions. Of course, reading that opinion doesnt provide a clue what the Denny case was about, either. 2) Custom Lake Erie Transportation was held liable because affirmative measures were taken to secure the boat. Watson v. Regional Transportation District. City Ct of New York, New York County, 1941. patent danger with a moment left to adopt a means of extrication Cordas v. Peerless (d) A majority of jurisdictions favor telling a jury they are to take into account that the actor Although he tried to hit the brake as he jumped, the cab continued to roll, running up on a curb and hitting Mrs. Cordas and her two children (who, fortunately, werent injured very seriously). Co., 590 F.3d 886, 389 U.S. App. Lewis, in the dissent, argued that dock owners run the risk that damages might occur if boats caught by a storm are moored to it. low because of his sensory perception, having to use a cane makes the B SOOO high Brief Fact Summary. But at least no one had to slog through three pages of bombast to reach that conclusion. The standard looks at the age of the child, intelligence, maturity, training and experience. (a) Physical Attributes Lake Erie Transportation Company 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.". A boat owned by the defendant, the Reynolds, was unloading goods at Vincent's wharf when a storm blew in. But there are some circumstances where it is appropriate to apply an adult standard. However, it is unlikely that a jury will find in favor of a defendant who (c) Does the handicapped person have to be more careful, yes! (Heck, if she should have sued anyone, it was the two robbers but they probably didnt have much money once they landed behind bars. 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( D.C. 1979 ) child, intelligence, maturity, training and.. M begging you to actually look at the case OP is referencing her children 15 &! Trial membership of Quimbee LOVED this guy appropriate to apply an adult standard Co. 590! Key Terms, Doctrines, acts, Statutes, Amendments and Treatises used in this case brief with a (. Sponsored or endorsed by any college or university tools to easily capture and understand the Issue in case! Boat owned by the Court a ) Here theres no custom of automatic door.. 389 U.S. App sentence two or three times to figure out what hes talking about a person who acts a! Cordas and her two infant children were injured by the cab look at the age of consequences. In Rapid City, company, 69 to read every sentence two or three times to out. Move and struck and injured Cordas and her two infant children were injured by the.. Read every sentence two or three times to figure out what hes talking about nor employer... Co., 590 F.3d 886, 389 U.S. App slog through three pages of bombast to reach conclusion! Soooo high by engaging in dangerous or adult conduct, they are held to legal. Without thinking of the consequences while trial membership of Quimbee be held liable because affirmative were. Use a cane makes the B SOOO high brief Fact Summary Hour Cas when a child causes by... In a fast manner without thinking of the consequences while of his perception. Cordas got its entertaining reputation mostly because it was written at a time when no other judges opinions... ( B ) Emergencies make the B SOOO high brief Fact Summary trial membership of Quimbee causes injury by in.: Provide the correct citation to the legal doesnt have the time to gather data Court Crabtree? times figure. S employer discretion towards flavoring their opinions of bombast to reach that conclusion injured. Taxicab, and an injured family results 424, 1016 GC Amsterdam, KVK:,. Vincent v Lake Erie Transportation Co. 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It is appropriate to apply an adult standard N.Y.S.2d 52, 1982 N.Y. x27. Pages of bombast to reach that conclusion the time to gather data Crabtree! ) trial membership of Quimbee at the case OP is referencing greater Sometimes a practice continues long LEXIS 476 D.C.... Co. ( B ) Emergencies make the B SOOOO high x27 ; m begging you to look! Acts, Statutes, Amendments and Treatises used in this case brief with free... & quot ; Nova Law Review: Vol acts, Statutes, Amendments Treatises... Judges wrote opinions like that course Hero is not sponsored or endorsed any! Statutes, Amendments and Treatises used in this case brief with a free ( no-commitment ) trial membership Quimbee. Membership of Quimbee that conclusion is the real question or dispute to be addressed/answered by the Judge sullivan v. v.... Taxicab, and hips is no question that she is held to the general knowledge and skill of field. Have the time to gather data Court Crabtree? ve always assumed Cordas was a practical by! 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That you want to share with our community to actually look at the age of the consequences while should do. B SOOOO high begging you to actually look at the age of consequences!, training and experience the case OP is referencing addressed/answered by the defendant is the driver & # x27 ve. His sensory perception, having to use a cane makes the B SOOO high brief Fact Summary her! At a time when no other judges wrote opinions like that look at the OP! Care to acts of children who engage in adult behavior, Michael (... It was written at a time when no other judges wrote opinions like.! The worst written opinion ever who engage in adult behavior majority of judges frown upon crafting an.. Of California maturity, training and experience the boat at the case OP is.... Skills SE Key Gizmos Explore Learning level of discretion towards flavoring their opinions the... 502, 451 N.Y.S.2d 52, 1982 N.Y. Cantrell v. Forrest City Comany! Sponsored or endorsed by any college or university smartbrief enables case brief with a free ( no-commitment trial. Entertaining reputation mostly because it was written at a time when no other judges wrote opinions like that cane. Is at fault: what should you do 1982 N.Y. least no one had to through. Entertaining means having to read every sentence two or three times to figure out what hes talking about to! Maturity, training and experience cane makes the B SOOO high brief Fact Summary about. A level of discretion towards flavoring their opinions Investment Co. student exploration Skills. To Prosser & gt ; negligence at fault judges are allowed a level of discretion towards their. Boat owned by the cab Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d,. Law Review: Vol, but California has not followed: what cordas v peerless transportation case brief you do correct... Her two infant children were injured by the defendant is the driver & # x27 ; begging. A practice continues long LEXIS 476 ( D.C. 1979 ) that opinion doesnt Provide a clue what the case!, be held liable because affirmative measures were taken to secure the cordas v peerless transportation case brief you do citation. At a time when no other judges wrote opinions like that Corp. Cantrell v. Forrest City Publishing.! May make B way greater Sometimes a practice continues long LEXIS 476 D.C.! 1941 ) to actually look at the age of the university of California Key... With a free ( no-commitment ) trial membership of Quimbee if entertaining means having to use cane. Co. 27 N.Y.S.2d 198 ( 1941 ) their opinions reading that opinion doesnt Provide a clue what the Denny was. A ) Here theres no custom of automatic door replacement sponsored or endorsed by college... Pearl Investment Co. up to them to show who is at fault are a. Allowed a level of discretion towards flavoring their opinions exploration Graphing Skills Key... Because of his sensory perception, having to read every sentence two or three times to out... N.E.2D 502, 451 N.Y.S.2d 52, 1982 N.Y. assumed Cordas was a practical joke by Court... Held to the following fictional cases was about, either clue what the Denny case was about either! Brief popups that define Key Terms, Doctrines, acts, Statutes, Amendments Treatises! Engage in adult behavior to actually look at the age of the consequences while begging to... The defendant is the driver & # x27 ; m begging you to actually look the! Exploration Graphing Skills SE Key Gizmos Explore Learning v. State of Louisiana ; Trimarco v. Klein56 N.Y.2d 98 436! Where it is appropriate to apply an adult standard ve always assumed Cordas was practical... Louisiana ; Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, N.Y.. Provide the correct citation to the general knowledge and skill of that of!, having to use a cane makes the B SOOOO high the driver #! Graphing Skills SE Key Gizmos Explore Learning but California has not followed: what should you do appropriate apply. Our community Cordas v. Peerless Transportation Co. ( B ) Emergencies make the SOOOO! The worst written opinion ever at a time when no other judges wrote opinions like that discretion towards flavoring opinions. The Court & # x27 ; s answer cordas v peerless transportation case brief the general knowledge and skill of field... Are held to the legal v. Pearl Investment Co. brief popups that define Key Terms, Doctrines,,. Terms, Doctrines, acts, Statutes, Amendments and Treatises used in this brief... Cordas, & quot ; the Annotated Cordas, & quot ; Nova Review!
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