Cordas v. Peerless Transportation Co., City Ct. Of N.Y.,

27 N.Y.S.2d 198 (1941)

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Nature of the Case

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Facts

An armed robber was being pursued by his victim when the robber jumped into a taxi owned by Peerless Transportation Co. (D). The robber pointed a gun at the driver and told him to go. The driver obeyed. The driver then saw the victim following and yelling, 'stop thief!'. The armed robber threatened to blow the drivers brains out unless he obeyed his commands. With the motor of the cab still running, the driver swung open his door, slammed on the brakes, and jumped out of the car. The motor was still running, and the car hit Cordas (P) and her two infant children. P sued D for negligence. The trial court dismissed the complaint. P appealed.