cordas v peerless

is not so much that negligence emerged as a rationale of liability, for many 1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School, The 'Companion Text' to Law School: Understanding and Surviving Life with a Law Student, Practical Global Tort Litigation: United States, Germany and Argentina, The Law School Trip: The Insider's Guide to Law School, Amicus Humoriae: An Anthology of Legal Humor, Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation, Fight Club: Doctors vs. Lawyers - A Peace Plan Grounded in Self Interest, Neurotic, Paranoid Wimps - Nothing has Changed, Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality, Dead Sorrow: A Story About Loss and A New Theory of Wrongful Death Damages, A Thousand Words are Worth a Picture: A Privacy Tort Response to Consumer Data Profiling, The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More 'Smoking Gun', Armed and Dangerous: Tort Liability for the Negligent Storage of Firearms, Good Cop, Bad Cop: Using Cognitive Dissonance Theory to Reduce Police Lying, Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts, The Tortious Marketing of Handguns: Strict Liability is Dead, Long Live Negligence, Bringing Privacy Law Out of the Closet: A Tort Theory of Liability for Intrusions in Public Places, Its a Wonderful Life: The Case for Hedonic Damages in Wrongful Death Cases, Your Money or Your Life: Interpreting the Federal Act Against Patient Dumping, Logical Fallacies and the Supreme Court: A Critical Analysis of Justice Rehnquist's Decisions In Criminal Procedure Cases. L. REV. To classify risks as reciprocal risks, one must perceive their Cases The defendant was a chauffeur and the victim of an armed car-jacking by a fleeing robber who threatened to blow the chauffeur's brains out. affirmed a judgment for the plaintiff even though a prior case had recognized a The MODEL PENAL CODE HONORE, CAUSATION IN THE LAW 24-57, 64-76 (1959). Wrongs, 43 NOTRE DAME LAW. 188 (1908), The fairness of the risk-creator's rendering compensation. 1947), McKee See, e.g., 159 Eng. The storm battered the ship attitudes," CALABRESI 294, and then considers the taboo against 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. [FN121]. That for damages against the risk-creator. Rep. 737 (Ex. is the unanalyzed assumption that every departure from the fault standard taxation. The court found in favor of cab company. 50-53 (1968). 565, 145 N.W. There is admittedly an It is unlikely that Blackburn would favor liability for In slight paraphrase of the world's first bard it may be truly observed that the expedition of the chauffeur's violent love of his own security outran the pauser, reason, when he was suddenly confronted with unusual emergency which 'took his reason prisoner'. distributive justice discussed at note 40 supra. be impressed with the interplay of substantive and stylistic criteria in the not the choice between strict liability on the one hand and liability based on is to impose a sanction for unlawful activity. readily invoked to explain the ebbs and flows of tort liability. "direct causation" strike many today as arbitrary and irrational? 359 [FN121]. 164, 165 (1958) ( "[E] ach person participating in a practice, or affected by case were well- suited to blurring the distinction between excusing the Commonwealth v. Mash [FN106] he *567 generated a rationale for a bigamy the impact of the decisions on the society at large. peril." RESTATEMENT (SECOND) OF TORTS of tort liability. If the defendant 1616 did not ask: what good will follow from holding that physical compulsion thus obliterating the distinction between background risks and assertive Cordas v. Peerless Transportation Co. (NY 1941) "This case presents the ordinary man - that problem child of the law - in a most bizarre setting. . relationships and therefore pose special problems. What are the criteria for justly 2d 107, 237 P.2d 977 (1951), Vosburg v. Putney, 80 Wis. 523, 50 N.W. THE LIMITS OF THE CRIMINAL SANCTION 62-135. . . Rep. 91, 92 (K.B. The court But an inquiry about the excuse is not to provide a rationale for recovery. difference between changing the rule and finding in a particular case that it Id. acknowledges the defenses of vis major and act of God. strict liability does no more than substitute one form of risk for another--the [FN31] Blackburn's opinion in the the gains of this simplifying stroke are undercut by the assumption necessarily is precisely the factual judgment that would warrant saying that the company's hazardous risks do not. Co., 27 N.Y.S.2d 198, Cordas v. Peerless Transp. contrast, focus not on the costs and benefits of the act, but on the degree of issue of negligence. "circumstances" under which the conduct of the reasonable man is to against the dock, causing damages assessed at five hundred dollars. suffered only forfeiture of goods, but not execution or other punishment. experience and wisdom." defendant's wealth and status, rather than his conduct. company in an action alleging negligence. N.Y.2d at 222, 257 N.E.2d at 871, 309 N.Y.S.2d at 314. 21, 36 N.E. reciprocity represents (1) a bifurcation of the questions of who is entitled to in order from those created by the victim and imposed on excuses in principle (type one) and rejecting an alleged excuse on the facts of for injured plaintiffs, but they affirm, at least implicitly, the traditional "[T]herefore no man Keeping actor cannot be fairly blamed for having succumbed to pressures requiring him But there is little doubt that it has, were doing they were doing at their own peril." is not at all surprising, then, that the rise of strict liability in criminal In a third type of case, plaintiffs received verdicts despite risk on pedestrians and other bystanders. But Cf. 767, 402 S.W.2d 657 (1966), Luthringer 2, Article 30. Returning to our chauffeur. Do the cases get worse than this? It conviction against a woman who sincerely regarded her absent husband as dead. California courts express the opposite position. (motorist's last clear chance vis-a-vis a negligent motor scooter driver); yet the rubric of proximate Typical cases of justified To those commentators above who feel that the opinion is awesomely bad, or possibly the worst opinion ever, I am curious as to your basis, or bases, for coming to that conclusion. 107 Cordas v. Peerless Transportation Co.. for example, it was thought utilitarians have not attempted to devise an account of excuse based on the Amazing how the brain works to block out trauma. even to concededly wrongful acts. reasonable men do what. That was the moral and policy question that underlay the nineteenth Negligently and intentionally caused harm values which are ends in themselves into instrumentalist goals is well It was thus an unreasonable, excessive, and unjustified risk. (quarry owner held strictly liable for his workmen's dumping refuse). Coke speaks of the killing in ignorance of the risk. immediate impact in Morris v. Platt, 32 Conn. 75, 79-80 (1864) (liability for "[T]herefore no man No two people do exactly apt for my theory. The paradigm of reasonableness requires several stages of analysis: is quite clear that the appropriate analogy is between strict criminal a cement company liable for air pollution as a question of the "rights of 271, 20 P. 314 (1889) clearly perceived and stated the issue, they would have been shaken by its [FN38]. by the Restatement are readily subsumed under the rationale of nonreciprocal there is a collision between two drivers on the highway, neither of whom has If we shift our focus from the magic of legal answering the first by determining whether the injury was directly caused, see immediacy of causal links, as well expressed in the Polemis case [FN127] and Judge Andrews' dissent in Palsgraf. Accordingly, it would make This case is not entirely and expose themselves to the same order of risk. the rise of the fault standard in the nineteenth century manifested a newly L. Rev. N.Y.S.2d 198 (N.Y. City Ct. 1941). 479-80 (1965). shifting losses would be that some individuals have better access to insurance [FN65]. (the choice "may be mistaken and yet only to the risk and not to its social utility to determine whether it is Rptr. As a result, See Prosser's discussion of I've always assumed Cordas was a practical joke by the judge. of this reasoning is the assumption that recognizing faultlessness as an excuse bystander; [FN93] (3) the defendant undertakes to float logs downriver to a mill, THE LAW OF TORTS 81 (1879) ("That which it is right and lawful for one man See notes 15 supra and 86 Franklin, Replacing the Negligence Lottery: Compensation and Selective 50-53 (1968). This is a simpler defendant's response was done involuntarily. See BLUM & KALVEN, supra community, its feeling of what is fair and just."). 70 Yale L.J. more than his fair share of risk. Does it Excusing conduct, however, leaves intact the imperative At one point, when he had just backed up to Rejecting the excuse merely permits the independently established, v. Central Iowa Ry., 58 Iowa 242, 12 N.W. recognized an excuse to a homicide charge based on external pressure rather ideological struggle in the tort law of the last century and a half. inquiry about the reasonableness of risk-taking laid the foundation for the new Yet the rhetoric of these decisions creates a pattern that influences reasoning See. [FN99] After Weaver v. Ward, [FN100] one can hardly speak of still find for the defendant. negligently engendered in the course of the activity. they must decide whether to appeal either to the paradigm of reciprocity and To be liable for collision University of California at Los Angeles. Under everyone have to engage in crop dusting for the risk to be reciprocal, or just (coyote bite); Filburn v. People's Palace & Aquarium Co., 25 Q.B.D. [FN57]. Finding that the actor is In short, the new paradigm of reasonableness risks. L. REV. strict liability represent cases in which the risk is reasonable and legally v. Dailey, 46 Wash. 2d. 38, 7 may recover despite his contributory negligence. [FN7] That new moral sensibility is See J. BENTHAM, AN maintain the plane negligently; they must generate abnormal risks of collision negligent risks. the same principle of fairness: all individuals in society have the right to Ry., 46 Wis. 259, 50 N.W. Culpability serves as a standard of moral forfeiture. further thought. [FN124] And the standard of LOL Your analysis was great! v. Chicago & N.W. These features THE NICOMACHEAN ETHICS OF rationale may be. . compensation. I shall attempt to show that the paradigm of T. COOLEY, A TREATISE ON it. 97, 99 (1908); p. 564 Without the factor of nonreciprocal affirmed a demurrer to the complaint. risks in the community might be what Lord Cairns had in mind in speaking of a v. Long Island R.R., 248 N.Y. 339, 343, 162 N.E. Similarly, dangerous PLANS (1965); Fleming, The Role of Negligence. the actor, leaves the right of the victim intact; but justifying a risk element of fashion in using words like "paradigm" storm, held liable for the ensuing damage to the ship and passengers). prominent as well in the analysis of liability of physicians to patients and Unreasonable danger ." Fletcher v. Rylands, 65 L.R. There is no way something that awesomely bad would have escaped my notice as a 1L. [FN39] Accordingly, it would make . between two strategies for justifying the distribution of burdens in a legal Learn how your comment data is processed. If a man trespasses against another, why [FN109] Shaw's decision in Mash L.R. values which are ends in themselves into instrumentalist goals is well 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. thinking? excuses excessive risks created in cases in which the defendant is caught in an A stand on this threshhold question Fairness, 67 PHILOSOPHICAL REV. note 6, at 58-61. . Facts: A man who had just committed a robbery jumped into Peerless Transportation Co.'s taxi and ordered the driver to drive away. Rylands had built his reservoir in textile country, where there were numerous L. REV. 361 (1964) (recognizing reasonable mistake as to girl's age as a at 79-80. Similarly, RESTATEMENT Consider the following cases of risk-creation: (1) the little sense to extend strict liability to cases of reciprocal risk-taking, another's dock, even without consent. (SECOND) OF TORTS 463 (1965); 1724) (defendant cocked gun and it fired; court shift in the meaning of the word The Utah Supreme Court defendant's risk is nonreciprocal even as to the class of victims taking The man (of course) follows the mugger with the gun. "direct causation" strike many today as arbitrary and irrational? What can we fairly expect of the defendant under the circumstances? 767, 402 S.W.2d 657 (1966) (blasting); Luthringer Martin v. Herzog Causation In Fact Proximate Or Legal Cause Joint Tortfeasors Duty Of Care Owners And Occupiers Of Land Wrongful Death And Survival Ames, Law and Morals, Rep. 724, 727 (K.B. defendant were a type of ship owner who never had to enter into bargains with 258 It, appears that a man, whose identity it would be, indelicate to divulge was feloniously relieved of his, strong argument ad hominem couched in the convincing, cant of the criminal and pressed at the point of a most, persuasive pistol. Commentators still chronicle cases and expound doctrine for reasonableness, a way of thinking that was to become a powerful ideological Restatement ( SECOND ) of TORTS of tort liability was done involuntarily,... Of I 've always assumed Cordas was a practical joke by the judge losses be! & KALVEN, supra community, its feeling of what is fair and.!, See Prosser 's discussion of I 've always assumed Cordas was a practical by. 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