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Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 25 Ft3/Min, And Its Coarseness Is Such That - Brainly.Com, New Balance Suede 997H Sneakers In Mushroom And Trek Shoes

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Since radius is half the diameter, so radius of cone would be. As,... See full answer below. You need to enable JavaScript to run this app. The defendant earnestly argues that since the instruction given required the jury to find a "habit" of children to play upon and around the belt and machinery at the point of the accident, it could not properly return a verdict for plaintiff under this instruction because this "habit" was not sufficiently shown. A ten-year-old boy, who lived across the road, climbed into the car and could not be seen by the man unloading it. 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. 340 S. W. 2d 210 (1960). The factual situation may be summarized. There was evidence, as the opinion states, that children had often been seen on the hill near the upper end of the conveyor belt housing. This is a large verdict. In that case a very young child strayed into defendant's railroad yard and was run over by a shunted tank car. Under such conditions, the question is whether or not defendant was negligent in failing to reasonably safeguard the machinery at this point. Gravel is being dumped from a conveyor bel air. There are three answers to this contention: (1) the language of the instruction did not limit the habitual use to the precise place of the accident, (2) the instruction was more favorable to the defendant than the law requires because of the attractiveness of the instrumentality, and (3) the jury could not have been misled concerning the essential basis of liability.

Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 35 Ft^3/Min..? Help!?

Within in the framework of this rule the Teagarden decision (Teagarden v. 2d 18) was justified on the grounds (1) the danger was not so exposed as to present the likelihood of injury, and (2) the defendant could not reasonably anticipate the presence of children on this car at the time of the accident. 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. More than that, the jury ignored even the law given for their guidance in this case; for their verdict is contrary to the instruction submitted since there was no evidence that children habitually played on the dangerous instrumentality, or even around it. Answer and Explanation: 1. The plaintiff was, to a substantial degree, made whole again. Solved] Gravel is being dumped from a conveyor belt at a rate of 15... | Course Hero. It means usually or customarily or enough to put a party on guard. Answer: feet per minute.

1 Pt) Gravel Is Being Dumped From A Conveyor Belt At A Rate Of 50?

Provide step-by-step explanations. 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. 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. How | Homework.Study.com. The opinion refers to this indefinite evidence as showing their playing there to have been "occasionally. " It is to be noticed that the several clauses with respect to liability of the possessor of land are cumulative, being connected by "and. " Grade 10 · 2021-10-27. 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.

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The Mann case, on which this opinion rests (first appeal, Mann v. Kentucky & Indiana Terminal R. R. Co., Ky., 290 S. 2d 820, and second appeal, Kentucky & Indiana Terminal R. Co. v. Mann, Ky., 312 S. 2d 451), presented facts materially different from those set forth in the instant case. 2, Section 339 (page 920); 65 C. J. S. Gravel is being dumped from a conveyor belt at a r - Gauthmath. Negligence § 28, page 453; and 1 Thompson on Negligence, Section 1030 (page 944). The particular rule of foreseeability in a case like this is thus stated in 38, Negligence, sec. The uncovered part, or hole, was obstructed by a wall of crossties. The words, "general vicinity, " cover the entire premises, and that connotation embraces too much territory.

Image Of A Conveyor Belt

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. 5 feet high, given that the height is increasing at a rate of 1. The record shows it could have been done at a minimum expense. ) 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 child went into that hole to hide from his playmates. Upon substituting our given values, we will get: Therefore, the height of the pile is increasing at a rate of feet per minute. Image of a conveyor belt. Enter only the numerical part of your answer; rounded correctly to two decimal places. Generally an error in the instructions is presumptively prejudicial. " 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.

It is elementary that a jury is bound to accept and apply the law of the given instructions, whether right or wrong. Enjoy live Q&A or pic answer. Following thr condition of the problem, we can express height of the cone as a function of diameter.

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