It's Not Your Fault Nyt Crossword - Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 40 Ft3/Min..?

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6. Gravel is being dumped from a conveyor belt at a rate of 30
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We held the gondola car was not an attractive nuisance and defendant was not negligent in failing to anticipate an accident of this nature. 38, Negligence, Section 145, page 811. The belt in the housing extended down rugged terrain which was overgrown with brush. It was shown that children passing along the road to and from school had often stopped and watched the dumping operation and, under instructions to keep children away from this location, the operator had told them to leave on these occasions. While he was in this position, the machinery was started from the top of the hill and plaintiff was carried into a hopper where he was severely battered. It was exposed, was easily accessible from the roadway close by, and was unguarded. Gravel is being dumped from a conveyor belt onto a conical pile whose shape is such that the volume is V (h) = 2. Following thr condition of the problem, we can express height of the cone as a function of diameter. A child went into that hole to hide from his playmates. That he was seriously injured no one can question. 211 James Sampson, William A. In that case a very young child strayed into defendant's railroad yard and was run over by a shunted tank car. Upon substituting our given values, we will get: Therefore, the height of the pile is increasing at a rate of feet per minute. Playing "Cowboy and Indians", he went in the opening and climbed up on the conveyor belt, which was not in operation at the time.

Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 30

Since radius is half the diameter, so radius of cone would be. The judgment is affirmed. Certainly we cannot say as a matter of law that reasonable minds must find the defendant free of negligence. Stanley's Instructions to Juries, sec. A ten-year-old boy, who lived across the road, climbed into the car and could not be seen by the man unloading it.

Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 40 Ft3/Min..?

Enjoy live Q&A or pic answer. Explore over 16 million step-by-step answers from our librarySubscribe to view answer. Only three families lived up the hollow above the conveyor, and it was not necessary that the miners using this lower roadway should go past the conveyor opening. In view of the principles of law we have discussed in this opinion, we are of the opinion this instruction fairly presented the issue of negligence (although it might properly have been differently worded), and we cannot find it was prejudicially erroneous. It is not our province to decide this question. 5 feet high, given that the height is increasing at a rate of 1. Helton & Golden, Pineville, H. M. Brock & Sons, Harlan, for appellee. It was also shown that children had played on the conveyor belt after working hours. As Modified on Denial of Rehearing December 2, 1960.

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It possessed an element of attractiveness as a hiding place and as a device upon which children might play. Adults also traveled along there and occasionally picked up coal at the tipple for their families after working hours. There was a long period of pain and suffering. Defendant contends it was entitled to a directed verdict under the law as laid down in Teagarden v. Russell's Adm'x, 306 Ky. 528, 207 S. 2d 18. Fusce dui lectus, congue vel. Learn more about this topic: fromChapter 4 / Lesson 4. Answer: feet per minute. Grade 10 · 2021-10-27. Lorem ipsum dolor sit amet, consectetur adipiscing elit. When the hopper was opened and the conveyor started, the boy was carried down with the gravel onto the conveyor and was killed. However, "* * * an instruction may be so erroneous on its face as to indicate its prejudicial effect regardless of the evidence. An instruction not sustained or supported by the evidence should not be given; and, if given, it is erroneous. Does the answer help you? It means usually or customarily or enough to put a party on guard.

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24, this quotation appears:"Foresight or reasonable anticipation is the standard of diligence, and precaution a duty where there is reason for apprehension. Now we will use volume of cone formula. Ask a live tutor for help now. There is no evidence in this case that defendant knew, or should have known, that trespassing children were likely to be upon this part of its premises, or that it realized, or should have realized, that the opening in the housing of the conveyor belt at this place involved reasonable risk of harm to children. STEWART, Judge (dissenting). Rate of Change: We will introduce two variables to represent the diameter ad the height of the cone. It seems indisputable that the conveyor belt, exposed and unprotected, constituted a latent danger. It follows that the absence of knowledge of such a habit relieves a party of the duty to anticipate or foresee the presence of reckless or careless trespassers in a place of danger.

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The basic issue presented by the complaint and vigorously tried was whether or not the defendant negligently maintained a dangerous instrumentality. I do not regard this statement as being in accord with the principles recited in the Restatement of Law of Torts, Vol. 216 The term "habitually, " used in defining imputed knowledge, means more than that. Unlimited access to all gallery answers. I think that case is much in point here, and it seems to me the reasoning that governed its decision applies to the instant case. Ab Padhai karo bina ads ke. It is not unreasonable, however, to find that its permanent aspects justify an award of damages based on a loss of potential earning capacity and the effect of disfigurement upon his future life. Asked by mattmags196. But in this case it was not merely the presence of children on the premises or the inherent character of the place that may have given rise to imputed knowledge. The lower part of this housing was open on two sides, exposing the roller and belt. You need to enable JavaScript to run this app. Defendant's counsel does not otherwise contend. Clause (a) states that "the place where the condition is maintained is one upon which the possessor knows or should know that such children are likely to trespass, * *. It is to be noticed that the several clauses with respect to liability of the possessor of land are cumulative, being connected by "and. "

Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 40 Cubic Feet Per Minute?

Image Of A Conveyor Belt

See J. C. Penney Company v. Livingston, Ky., 271 S. 2d 906. That is exactly what the plaintiff did. In the first Mann opinion, 290 S. 2d 820, 823, in support of the decision of this Court to impose liability there for maintaining a dangerous condition, the opinion relies upon this statement from 38, Negligence, sec. In that case the terminal tracks of a railroad bisected a public street in Louisville which was unfenced; switching operations were going on continually on the tracks; and many persons crossed over the tracks to reach the other end of the street. That certainly cannot be said to be the law as laid down in the Mann case. Defendant's insistence upon the requirement that plaintiff must prove a habit of children to frequent the housing is predicated on the assumption that the dangerous condition was not attractive to children. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. It is insisted, however, that the area sometimes frequented by them was 175 feet up the hill from the point where the plaintiff was injured. It is unnecessary to detail the extensive medical evidence regarding the plaintiff's injuries. I am authorized to state that MONTGOMERY, J., joins me in this dissent.

The factual situation may be summarized. Clover Fork Coal Company v. DanielsAnnotate this Case. The words, "general vicinity, " cover the entire premises, and that connotation embraces too much territory. Court of Appeals of Kentucky.

This involves principles stemming from the "attractive nuisance" doctrine. Of course, a place may well be in and of itself a dangerous place (as in the Mann case), but here the instrument was conveying machinery. A supply track crosses the belt line at this point. ) I cannot agree that this situation presented a latently dangerous place so exposed *215 that a trespassing child might reasonably have been expected to enter.