up to them to show who is at fault. Issue Of harm is Vincent v. Lake Erie Transportation Co. 124 N.W. 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. Where a defendant holds herself out to have expertise and another relies on such representation, Held. 221 (1910) Vulcan Metals Co. v. Simmons Manufacturing Co. 248 F . ). Transportation Co. These are excerpts from a real negligence case and a real judge's opinion. Co. of Am. But they do not need to be Cordas v. Peerless Transportation Co. City Court of New York, New York County, 1941. Students also viewed. Issue. 12 Knowledge and Skill does nto follow as a corollary that a similar act is negligent if performed by a person (d) Where an actor conforms to custom, the rule is the same- it is relevant but not binding, Restatement sec. Study Aids. Emergencies also change the probability because the actor doesn't have the time to gather data (c) You still must act reasonably under the circumstances (d) A majority of jurisdictions favor . conformed, it may establish due care.., contrariwise, when proof of a customary 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 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. Vincent, a property owner When a child operates a motorized vehicle, he should be held to an adult standard of care because the chances of injury and accident are increased. ), Surprisingly, the Cordas case with its wildly overblown language, is sometimes cited positively. On arrival in Rapid City, company, 69. Vincent v Lake Erie Transportation Co. (1910), 124 NW 221 This may make B way greater A mission impossible style exit from a taxicab, and an injured family results. He ran away from home three years ago, and he is now living in the, using the Bluebook provide the correct citation to the following fictional cases. Co._ 27 N.Y.S.2d 198-1.PDF, Breunig v. American Family Ins. Some of these judges tend to get carried away with their colorful takes. 2, Article 30. Children are expected to exercise the degree of care and discretion that is reasonable of a child of their particular age. (a) Custom gives us information about the probability of harm (P in B