Gravel is being dumped from a conveyor belt onto a conical pile whose shape is such that the volume is V (h) = 2. Defendant's operation was not in a populated area, as was the situation in the Mann case. Lorem ipsum dolor sit amet, consectetur adipiscing elit. This section is quoted in full in Fourseam Coal Corp. Greer, Ky., 282 S. 2d 129. 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. Yet defendant's own witnesses clearly established that they could be anticipated at various places near the conveyor or belt and defendant constantly tried to keep them away from other parts of the premises where they might be exposed to danger. STEWART, Judge (dissenting). Answer: feet per minute. The plaintiff's head has permanent scars and depressions in the skull and hair will not grow in certain places. Nam risus ante, dapibus a molestie consequat, ultrices ac magna.
The recently developed doctrine of liability for injuries to young children trespassing upon property is applicable, as stated in the opinion, to a "dangerous instrumentality. " See Restatement of the Law of Torts, Vol. Playing "Cowboy and Indians", he went in the opening and climbed up on the conveyor belt, which was not in operation at the time. Grade 10 · 2021-10-27. Upon substituting our given values, we will get: Therefore, the height of the pile is increasing at a rate of feet per minute. 212 CLAY, Commissioner. It is being held that this instruction was not misleading and was more favorable to defendant than the law required. Put the value of rate of change of volume and the height of the cone and simplify the calculations. Clover Fork Coal Company v. DanielsAnnotate this Case. 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.
This Court rejected the attractive nuisance theory of liability, which was sought to be applied in that case. 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. Does the answer help you? 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. Only one witness testified he had ever seen a child on the belt in the housing. However there was evidence that children occasionally had been seen playing near the housing at the bottom of the hill. 211 James Sampson, William A. 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. Gauthmath helper for Chrome.
Under such conditions, the question is whether or not defendant was negligent in failing to reasonably safeguard the machinery at this point. You need to enable JavaScript to run this app. If children are known to visit the general vicinity of the instrumentality, then the owner of the premises may reasonably anticipate that one of them will find his way to the exposed danger. The machinery was operated from a point at the top of the structure, and the operator could not see the lower end at the bottom of the hill. The belt in the housing extended down rugged terrain which was overgrown with brush. It is unnecessary to detail the extensive medical evidence regarding the plaintiff's injuries. The machinery at the point of the accident was inherently and latently dangerous to children.
Let us assume the heigh and the diameter of the cone at certain time t by the following variables: Height {eq}=h {/eq}. A supply track crosses the belt line at this point. ) Our factual situation more closely approaches that in the Mann case (Kentucky and Indiana Terminal Railroad Company v. 2d 451). Good Question ( 174). Those factors distinguish the Teagarden case from the present one. It is difficult to imagine a more enticing hiding place for children, the very purpose for which it was used by the plaintiff when the accident occurred. 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. Related rates problems analyze the relative rates of change between related functions. 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 plaintiff relies upon the case of Kentucky and Indiana Terminal Railroad Company v. Mann, Ky., 290 S. 2d 820; 312 S. 2d 451 (two opinions). In view of the seriousness of the injury, however, it does not strike us at first blush as being the result of passion and prejudice.
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