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I am authorized to state that MONTGOMERY, J., joins me in this dissent. The plaintiff's head has permanent scars and depressions in the skull and hair will not grow in certain places. This involves principles stemming from the "attractive nuisance" doctrine. Gravel is being dumped from a conveyor belt at a rate of 40. 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. Enjoy live Q&A or pic answer. The issue was properly submitted to the jury. See J. C. Penney Company v. Livingston, Ky., 271 S. 2d 906. Lorem ipsum dolor sit amet, consectetur adipiscing elit.
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. Gravel is being dumped from a conveyor belt at a rate of 40 cubic feet per minute It forms a pile in the shape of a right circular cone whose base diameter and height are always equal How fast is the height of the pile increasing when the pile is 19 feet high Recall that the volume of a right circular cone with height h and radius of the baser is given by 1 V r h ft. Show Answer. Objection was made thereto upon the specific ground that there was no evidence showing any children were in the habit of playing upon the belt. His skull was partially crushed and it is remarkable that he survived. However there was evidence that children occasionally had been seen playing near the housing at the bottom of the hill. You need to enable JavaScript to run this app. Following thr condition of the problem, we can express height of the cone as a function of diameter.
Khareedo DN Pro and dekho sari videos bina kisi ad ki rukaavat ke! Rate of Change: We will introduce two variables to represent the diameter ad the height of the cone. It is such a fact and the imputed knowledge therefrom which give rise to foreseeability or anticipation. Now we will use volume of cone formula. 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. Does the answer help you? The main tools used are the chain rule and implicit differentiation. 920-921, with respect to artificial conditions highly dangerous to trespassing children. If children ever played at the place near the lower end of the conveyor, the instances were extremely infrequent. His principal argument on this point is that the evidence failed to establish that children habitually played near the housing where *213 the injury occurred, so defendant could not anticipate an injury. The opinion practically concedes the soundness of the objection but places defendant's liability upon the conclusion that children were "known to visit the general vicinity of the instrumentality. 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. 4h3 cubic feet; where h is the height in feet: How fast is the volume of the pile growing at the instant the pile is 9.
It is being held that this instruction was not misleading and was more favorable to defendant than the law required. 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. Here, the jury passed upon the case under the wrong law, and it is fundamental that a jury should be required to decide the facts according to the true law applicable. Become a member and unlock all Study Answers. Gauthmath helper for Chrome. 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. A small child strayed from one of these open streets onto the tracks and was injured by a shunted boxcar.
We held the gondola car was not an attractive nuisance and defendant was not negligent in failing to anticipate an accident of this nature. This child was playing on the apparatus, or "dangerous instrumentality, " and going into an opening in the housing in order to hide. The basic issue presented by the complaint and vigorously tried was whether or not the defendant negligently maintained a dangerous instrumentality. It is to be noticed that the several clauses with respect to liability of the possessor of land are cumulative, being connected by "and. " There was a long period of pain and suffering. As Modified on Denial of Rehearing December 2, 1960. Now, find the volume of this cone as a function of the height of the cone. Nam lacinia pulvinar tortor nec facilisis. This section is quoted in full in Fourseam Coal Corp. Greer, Ky., 282 S. 2d 129. Pellentesque dapibus efficitur laoreet. This Court rejected the attractive nuisance theory of liability, which was sought to be applied in that case.
See Restatement of the Law of Torts, Vol. 5 feet high, given that the height is increasing at a rate of 1. It is elementary that a jury is bound to accept and apply the law of the given instructions, whether right or wrong. Good Question ( 174).
In the Mann case there was accessibility to a place of danger and there had been frequency of use of this place in the past, and obviously it could reasonably be anticipated that children might extend their play activity out on the tracks and one or more of them would be injured. 340 S. W. 2d 210 (1960). Gauth Tutor Solution. In that case a very young child strayed into defendant's railroad yard and was run over by a shunted tank car. It was also held there that the operator owed no duty to look into the car to discover the presence of any one before starting the machinery. 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. Our experts can answer your tough homework and study a question Ask a question.
212 CLAY, Commissioner. 145, p. 811, namely, that, in the absence of an attractive nuisance, "it must be shown that to the defendant's knowledge the injured child or others were in the habit of using it (the place)"; and at page 824 of Shearman and Redfield on Negligence, sec. We solved the question! It has been said that if the place or appliance does not possess a quality constituted to attract children generally, the owner of the premises may not reasonably anticipate injury unless it is shown that they customarily frequent the vicinity of the danger. Unlimited access to all gallery answers. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. It seems indisputable that the conveyor belt, exposed and unprotected, constituted a latent danger. It possessed an element of attractiveness as a hiding place and as a device upon which children might play. How fast is the height of the pile increasing when the pile is 10 ft high? Only one witness testified he had ever seen a child on the belt in the housing. A supply track crosses the belt line at this point. ) 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.
On its premises is a lengthy conveyor belt for transporting coal from a bin to a tipple. Asked by mattmags196. Without difficulty a person could enter the housing. Crop a question and search for answer.