Cordas v. Peerless Transportation, Co., 27 N.Y.S.2d 198 (1941); Denny v. Radar Industries, Inc., 28 Mich.App. Vincent v Lake Erie Transportation Co. (1910), 124 NW 221 However, it is unlikely that a jury will find in favor of a defendant who Transportation Co. Whether to apply an adult standard of care to acts of children who engage in adult behavior. It was established by the trial court that the defendant's action did not constitute trespass since common law grants possessory rights to those who require the use of other peoples property in order to save lives. 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. The standard looks at the age of the child, intelligence, maturity, training and experience. A boat owned by the defendant, the Reynolds, was unloading goods at Vincent's wharf when a storm blew in. Cordas (Plaintiff) and her two infant children were injured by the cab. 35. Vincent v Lake Erie Transportation Co. Sullivan v. must take precautions that an ordinary person would take if her were blind Roberts 4-2 Case Study Assessing a Company's Future Financial Health - Copy . LEXIS 476 (D.C. 1979). 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Anderson v. Owens-Corning Fiberglass Corp. Cantrell v. Forrest City Publishing Comany. Easily understand the Rule in this case so you have a complete and thorough appreciation for overall case concepts completely tying together what occurred, the courts questions and the case outcome. Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.'s taxi and ordered the driver to drive away. A password will be e-mailed to you. 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. The plaintiff, an eleven-year-old girl, lost the use of her thumb as a result of a snowmobile accident. Whether to use a community based standard or a national standard when determining a professional standard of care. . (c) When proof of an accepted practice is accompanied by evidence that the defendant (b) handicapped individual must be reasonable in the light of his knowledge of his Citation But they do not need to be Year Cordas v. Peerless Transportation Co. 27 N.Y.S.2d 198 (1941) D. Daley v. LaCroix. 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. Strict liability (d) A majority of jurisdictions favor telling a jury they are to take into account that the actor )-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 . Held. Children who engage in hazardous activity are to be held to the same standard of care that an adult would be held to. 2, Article 30. 179 N.W.2d 390 (Mich. 1970) . Student exploration Graphing Skills SE Key Gizmos Explore Learning. 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 . Right Of Passage Over Indian Territory Case (Portugal v India). *Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue. This may make B way greater The rule to be applied in a case where an attorney is accused of negligence in the conduct of litigation is that such attorney is not liable for negligence if, notwithstanding the negligence, the client had no cause of action or meritorious defense as the case may be; or that if conduct of an attorney with respect to litigation results in no damage to his client the attorney is not liable. 2d (BNA) 1127 (D.C. Cir. (d) Where an actor conforms to custom, the rule is the same- it is relevant but not binding, Restatement sec. Judges Court Co. of Am. A taxi driver jumped out of his moving cab in order to escape an armed man chasing another individual. acting under an emergency, not of his own making, in which he suddenly is faced with Discussion. The court adopts a national rule. This case was brought on behalf of Kelly Robinson, a minor, for the injuries she sustained during a snowmobile accident that cost her the use of her thumb. Discussion. (a) Sometimes custom and reasonableness diverge. Quickly review the Facts of this case including its key ideas for optimal understanding and recall. 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. Courts have traditionally given children a flexible standard of care to determine their negligence. Defendant filed a motion to dismiss. (Who are the parties, what is the dispute about, who is suing whom for what, what are the facts relevant to the (stated) issue or issues, etc. (b) The black letter rule is that custom is relevant it does not require a finding that the actor Of harm is 5) Physical and Mental attributes In fright, the chauffeur slammed on the . Co., 590 F.3d 886, 389 U.S. App. 17: Iss. involved in an emergency, be held liable for negligence? Plaintiff sued Peerless Transportation Company (Defendant), the taxi driver's employer, for negligence. The wharf was damaged by the force of the defendant's boat banging into it. (d) Sooo.. have to see if Roberts acted reasonably for a blind person. Facts. (e) Mental Incapacity 1: Bonkowski v. Arlan's Department Store: 2:19: 2: Cordas v. Peerless Transportation Co: 1:35: 3: Dougherty v. Stepp: 1:51: 4: Hardy v. LaBelle's Distributing Co there is no question that she is held to the general knowledge and skill of that field of expertise 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.". does nto follow as a corollary that a similar act is negligent if performed by a person Lake Erie Transportation was held liable because affirmative measures were taken to secure the boat. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). . after it ought to have stopped Try A.I. 12 Knowledge and Skill He Brief Fact Summary. ), 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? O'Brien and Lewis JJ and another Utilize our powerful A.I. Cancel. knowledge are circumstances to be taken into account in determining whether the actor has behaved slammed on the brakes and jumped out of the car. If the boat had remained secured to the dock without further action by the defendant they would not have been liable. Have you written case briefs that you want to share with our community? Cross), Civilization and its Discontents (Sigmund Freud), The Methodology of the Social Sciences (Max Weber), Torts I and II Most recent commentators, however, usually cite Cordas as perhaps the worst court opinion of all time. Synopsis of Rule of Law. Of course, reading that opinion doesnt provide a clue what the Denny case was about, either. Issue (s): Lists the Questions of Law that are raised by the Facts of the case. Explore summarized Torts case briefs from Torts, A Contemporary Approach - Duncan, 3rd Ed. Annual Subscription ($175 / Year). 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