However, "* * * an instruction may be so erroneous on its face as to indicate its prejudicial effect regardless of the evidence. The uncovered part, or hole, was obstructed by a wall of crossties. Question: Gravel is being dumped from a conveyor belt at a rate of 24 cubic feet per minute, and its coarseness is such that it forms a pile in the shape of a cone whose height is double the base diameter. It was indeed a trap. Let us assume the heigh and the diameter of the cone at certain time t by the following variables: Height {eq}=h {/eq}. There is no evidence whatsoever of any knowledge, on the part of defendant's employees, actual or imputed, of a habit of children to do that. Last updated: 1/6/2023. See Restatement of the Law of Torts, Vol. The plaintiff's head has permanent scars and depressions in the skull and hair will not grow in certain places. The opinion in this case undertakes to distinguish the Teagarden case on the ground that the danger to the boy who was killed was not so exposed as to furnish a likelihood of injury and that the presence of children could not be reasonably anticipated at the time and place. The instructions in this case predicated liability upon a ground that is different from that upon which the judgment is affirmed. We held that the question should be submitted to the jury as to whether or not the defendant was negligent in maintaining a dangerous instrumentality so exposed that the defendant could reasonably anticipate that it would cause injury to children.
Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 30
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. Gravel is being duped from a conveyor belt at a rate of 30 f t 3 / min and its coarsened such that it from a sile in the shape of a cone whose base diameter and height are always equal. In Lyttle v. Harlan Town Coal Co., 167 Ky. 345, 180 S. 519, also cited in support of the Mann opinion, liability was based upon knowledge of a "habit" of children to play at the location where the injury was sustained. The words, "general vicinity, " cover the entire premises, and that connotation embraces too much territory. 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. Step-by-step explanation: Let x represent height of the cone. One end of this belt line is housed in a sheet iron structure at the bottom of a hollow, approximately 10 feet from a private roadway. A supply track crosses the belt line at this point. ) The opinion states that "children occasionally had been seen playing near the housing at the bottom of the hill, " but that only one witness testified he had once seen a child on the belt in the housing. A child went into that hole to hide from his playmates. 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. The opinion refers to this indefinite evidence as showing their playing there to have been "occasionally. " Now, find the volume of this cone as a function of the height of the cone.
Gravel Is Dropped On A Conveyor Belt
This premise may not be invoked here for the reason that the conveyor belt housing did have a quality of attractiveness. I do not regard this statement as being in accord with the principles recited in the Restatement of Law of Torts, Vol. 214 The remaining contention of defendant is that the award of $50, 000 damages was grossly excessive, particularly since there was no evidence to justify an allowance for permanent loss of earning power. Crop a question and search for answer. Still have questions? It means usually or customarily or enough to put a party on guard. At the upper or covered end of the conveyor belt housing there was a roadway where it could well be said the presence of boys and other people should have been anticipated, but that cannot be said of the lower end. Become a member and unlock all Study Answers.
Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 40 Ft3/Min..?
2, Section 339 (page 920); 65 C. J. S. Negligence § 28, page 453; and 1 Thompson on Negligence, Section 1030 (page 944). The record shows it could have been done at a minimum expense. ) Provide step-by-step explanations. Defendant's counsel does not otherwise contend. You need to enable JavaScript to run this app. Court of Appeals of Kentucky. Generally an error in the instructions is presumptively prejudicial. "
Conveyor Belt For Moving Dirt
Upon substituting our given values, we will get: Therefore, the height of the pile is increasing at a rate of feet per minute. Good Question ( 174). In that case, as in the more recent case of Goben v. Sidney Winer Company, Ky., 342 S. 2d 706, the emphasis has been shifted from the attractiveness of the instrumentality to its latent danger when the presence of trespassing children should be anticipated. The particular rule of foreseeability in a case like this is thus stated in 38, Negligence, sec. It possessed an element of attractiveness as a hiding place and as a device upon which children might play. It is being held that this instruction was not misleading and was more favorable to defendant than the law required. I dissent from the opinion upon the broad ground that it departs from the established law of this state and, in effect, makes a possessor of property an insurer of the safety of children trespassing anywhere and everywhere on industrial premises, if there is slight evidence that a child had once been seen near the place of his injury. 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. Fusce dui lectus, congue vel. The applicable rule may thus be stated: where one maintains on his premises a latently dangerous instrumentality which is so exposed that he may reasonably anticipate an injury to a trespassing child, he may be found negligent in failing to provide reasonable safeguards. The belt in the housing extended down rugged terrain which was overgrown with brush.
Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 30 Ft3/Min...?
A number of children lived on streets that opened on the tracks. This is a large verdict. Grade 10 · 2021-10-27. Unlock full access to Course Hero.
The briefs for both parties were exceptional. ) 920-921, with respect to artificial conditions highly dangerous to trespassing children. Unlimited access to all gallery answers. 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.
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How To Make A Rock Bag In The Forest
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How To Make A Rock Bag In The Forest Game
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How To Make A Rock Bag In The Forest Stewardship
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