April 12, 2020

Cordas v. Peerless Transportation Co. | Case Brief - - 27 N.Y.S.2d 198 (City Ct. 1941)

FACTS: A robber who was being chased jumped into a cab. He had a gun and told the Cab driver to drive off from the victim who was chasing him. The cab driver started to drive but then jumped out of the moving car at which time the car hit a mother and two children when it went out of control on the sidewalk. The robber was also injured.

ISSUE: Was the driver negligent when he jumped out of the cab?

HOLDING: No

RATIONALE: The cab driver acted in an emergency situation. In that situation it is not expected that he would maintain perfect judgement and errors are to be expected. 

"To call him negligent would be to brand him a coward. It is a shame to see the Plaintiff's go unrewarded but the facts do not hold the defendant liable."

DISPOSITION: Judgment for the defendant against the Plaintiff's dismissing their complaint upon the merits.