Step-by-step explanation: Let x represent height of the cone. This section is quoted in full in Fourseam Coal Corp. Greer, Ky., 282 S. 2d 129. 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. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. 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. This Court rejected the attractive nuisance theory of liability, which was sought to be applied in that case. The lower part of this housing was open on two sides, exposing the roller and belt. 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. 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. The basic issue presented by the complaint and vigorously tried was whether or not the defendant negligently maintained a dangerous instrumentality.
Answer and Explanation: 1. The plaintiff's head has permanent scars and depressions in the skull and hair will not grow in certain places. K, dictum vitae dui lectus, congue vel laoreet ac, dictum vitae odio. 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. It was indeed a trap. Check the full answer on App Gauthmath. This involves principles stemming from the "attractive nuisance" doctrine. In that case a boy had climbed to the top of a gondola railroad car loaded with gravel. 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. 920-921, with respect to artificial conditions highly dangerous to trespassing children. Diameter {eq}=D {/eq}. The mining company had a private supply roadway near the lower end of the belt, which was used by employees when the mine was operating and occasionally by non-employees as trespassers. Rice, Harlan, for appellant. Stanley's Instructions to Juries, sec.
How fast is the height of the pile increasing when the pile is 10 ft high? But this was 175 feet above the other end where this child crawled into the opening. 216 The term "habitually, " used in defining imputed knowledge, means more than that. I would reverse the judgment.
An instruction not sustained or supported by the evidence should not be given; and, if given, it is erroneous. The issue was properly submitted to the jury. Related Rates - Expii. Asked by mattmags196. Feedback from students. 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. Ab Padhai karo bina ads ke. When the hopper was opened and the conveyor started, the boy was carried down with the gravel onto the conveyor and was killed. 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. 38, Negligence, Section 145, page 811. Dissenting Opinion Filed December 2, 1960. The briefs for both parties were exceptional. )
Grade 10 · 2021-10-27. The judgment is affirmed. See J. C. Penney Company v. Livingston, Ky., 271 S. 2d 906. Ask a live tutor for help now.
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, * *. Learn the definitions of linear rates of change and exponential rates of change and how to identify the two types of functions on a graph. Answered by SANDEEP. As Modified on Denial of Rehearing December 2, 1960. The words, "general vicinity, " cover the entire premises, and that connotation embraces too much territory.
Now, we will take derivative with respect to time. Pellentesque dapibus efficitur laoreet. Explore over 16 million step-by-step answers from our librarySubscribe to view answer. 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. It is such a fact and the imputed knowledge therefrom which give rise to foreseeability or anticipation. 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. Defendant is a coal operator. 5 feet high, given that the height is increasing at a rate of 1. 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.
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. Khareedo DN Pro and dekho sari videos bina kisi ad ki rukaavat ke! 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. When the hopper at the bottom of the car was opened for unloading, he was dragged downward and killed. It means usually or customarily or enough to put a party on guard.
It is true we cannot know how this injury may affect his earning ability. 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. Try it nowCreate an account. An adverse psychological effect reasonably may be inferred. It is not our province to decide this question. 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, 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. 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. Put the value of rate of change of volume and the height of the cone and simplify the calculations. Lorem ipsum dolor sit amet, consectetur adipiscing elit.
Enjoy live Q&A or pic answer. 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. 24, this quotation appears:"Foresight or reasonable anticipation is the standard of diligence, and precaution a duty where there is reason for apprehension. A small child strayed from one of these open streets onto the tracks and was injured by a shunted boxcar. The belt in the housing extended down rugged terrain which was overgrown with brush. Playing "Cowboy and Indians", he went in the opening and climbed up on the conveyor belt, which was not in operation at the time.
211 James Sampson, William A. Only one witness testified he had ever seen a child on the belt in the housing. Upon substituting our given values, we will get: Therefore, the height of the pile is increasing at a rate of feet per minute. There was a long period of pain and suffering. However there was evidence that children occasionally had been seen playing near the housing at the bottom of the hill. The jury awarded plaintiff $50, 000. Defendant raises a question about variance between pleading and proof which we do not consider significant.
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. The instructions in this case predicated liability upon a ground that is different from that upon which the judgment is affirmed. A number of children lived on streets that opened on the tracks. It is being held that this instruction was not misleading and was more favorable to defendant than the law required. The plaintiff was, to a substantial degree, made whole again. Since radius is half the diameter, so radius of cone would be. It is the right of parties to lawsuits to have the court present the proper theories *217 of liability by correct instructions and it is the manifest duty of the court to do so. Now we will use volume of cone formula. That he was seriously injured no one can question. Unlock full access to Course Hero. 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). The appellee plaintiff, an infant seven years of age, was seriously injured on a moving conveyor belt operated by defendant appellant. Unlimited access to all gallery answers.
CLOVER FORK COAL COMPANY, Appellant, v. Grant DANIELS, Guardian for and on Behalf of Danny Lee Daniels, an Infant, Appellee.
Classic/Popular Dirty South Rap Albums. Here's a brief rundown of hip-hop subgenres and the key artists in each niche. Bounce Music – Bounce music is an energetic style of New Orleans hip hop music which is said to have originated as early as the late 1980s in the city's housing projects. Skepta, J. E. are the first artists to be named when talking about Grime music. He produced snap act D4L's breakout hit "Laffy Taffy, " which reached Number One on Billboard's Hot 100 and Digital charts and became the most purchased download within a seven-day period in Billboard chart history. Meaning, a rapper in the south is not necessarily a Dirty South rapper. As the heart of hip-hop, the songs had punchy and powerful beats to a hypnotic degree, with M. C. s rapping in line with the beats. By the late 2000s, Dirty South Rap's dominance had begun to fade as other styles of Hip Hop began to encompass the sound and artists from all regions of the country incorporated elements of it in their own music. Hyphy is also characterized by witty lyrics and rugged beats. It originated in the late-90s in Atlanta and achieved mainstream success in the mid-late 2000s. But it's like this: the South got something to say, that's all I got to say. " Additional Sound and Style.
Rappers are products of different musical stylings informed by different environments, attitudes, and aspirations. United States regional scenes. Key artists include Run-D. M. C., Ghostface Killah, Nas, Jay Z, and Rakim. In the late 90s, a new wave of rap was born called Backpack, which rejected the polished mainstream rap, creating an underground hip hop scene with Afrocentric and conscious rap origins. Key artists include Talib Kweli, Common, Mos Def. The most famous artists of the genre after Dr. Dre are considered to be Ice Cube and Snoop Dogg.
Hyphy Ray Tamarra/Getty Images Hyphy is a relatively new musical import from the west coast. Mystikal – Let's Get Ready (2000). In order to expand their hip hop market they signed the Dungeoun Family producers Organized Noize and acts Outkast and Goodie Mob. Artists such as the Geto Boys are more often described as Gangsta Rap and do not fit the typical type of artist referred to in Dirty South. The lyrics are in Spanish and have both rapped and sung parts. There is a specific step that people often do, along with the snapping. The genre features the first use of samples, turntable-based production, and melodies, simple yet effective rhythmic patterns in a duple meter. The sub-genre had thought-provoking lyrics, which was the main character of backpack rap. One of the most famous subgenres of hip-hop is G-Funk, with globally famous names like Snoop Dogg and Dr. Dre. The drums and rhythm are the main players, along with jazzy and soul samples. Another significant member of the sub-genre is Nelly with Florida Georgia Line. While there are many other minor sub-genres and ways to categorize the different approaches in the hip-hop and rap world, these are 24 of the most notable and significant sub-genres that are highly popular today or decided the course of the genre in the past. Kriss Kross was a pop rap act put together by Jermaine Dupri that acheived a lot of success.
Although the sub-genre does not have a significant role in hip-hop culture, some songs got highly popular, especially during the early 2010s. The rap personas often reflect the Gangsta Rap culture that started on the West Coast but not always. Scratching may be included but is not as much a focus as in Boom Bap. Rap and Hip-Hop are more than genres but lifestyles for most, as they have their unique subcultures. Pimp C could play several different instruments and used this talent to add piano and organ parts to the music. Hyphy inspired Dr. Dre significantly, who created G-Funk, one of the most popular hip-hop styles. Other person: No it wasnt, everyone was just snapping there fingers. It incorporates an uptempo, high-energy style. These artists are less concerned with pop hooks and dance moves. By the early to mid-2000s, artists from all over the South had became major label stars during this time. The sound differed from other styles of Hip Hop at the time for various reasons. Lil Jon & The Eastside Boyz & Ying Yang Twins – Get Low (2002).
East coast person: Please die... Gangsta Rap Kevin Winter/Getty Images Gangsta rap revolves around aggressive lyrics and trunk-heavy beats. Seasoned battle rappers focus on boastful lines and self-glorifying rhymes about one's proficiency or level of success, accompanied by verbal insults hurled at the other party (directly or subliminally). The tempo was slower with BPMs often in the 70s and 80s range at a time when most hip hop ranged from 90 to 110. Hardcore Rap – Rap characterized by anger, aggression, confrontation, and/or the uncensored reflections of street life. In 2002, Southern hip-hop artists accounted for 50 to 60 percent of the singles on hip-hop music charts. The most famous hyphy artists were Mac Dre, The Federation, Too $hort, and E-40. The lyrics usually have little substance to them. Mainstream Decline (2010s – Present). The narrative was more about the lives of the artists and their struggles. Since its birth around 40 years ago, rap and hip-hop have separated into many different branches, giving birth to more than 20 sub-genres from underground New York hip-hop to UK Drill.
Miami also played a major role in the rise of Southern Hip-hop during this time frame with the rise of the Miami bass music. Along with Lil Nas, Nelly put the foundations of Country Trap. The music, being bad enough, can never compare to the disturbingly horrific "snap dance". These artists are all reggaeton singers as Latin Trap is very similar to reggaeton but with slight influences from trap music. There is a lot of variation in the rapping for Dirty South music but typically it tends to be more expressive and dynamic than other styles. It was a more fun-sounding sub-genre compared to the gritty and harsh tone of New York rap. Although they were categorized with different sub-genres later, most hip-hop tunes from this era are called old-school hip-hop. Footwork is a unique hip-hop subgenre, which shines with its peculiar grooves and melodies in very high B. P. s. The style is similar to trap but with a faster and more groovy feel. Outkast – Southernplayalisticcadillacmuzik (1994). However, unlike West Coast and East Coast rap it isn't primarily in the 90-110 BPM range. Dirty South Rap 2000s. Similar to UGK, Organized Noize employed a lot of live instrumentation with session musicians into their beats.
Southern Rap Paul R. Giunta /Getty Images Stylistically, southern rap relies on exuberant production and direct lyrics (typically about the southern lifestyle, trends, attitudes). Despite its huge acceptance in the early 90s, gangsta rap has come under fire lately for misogyny and violent themes. Also, the emerging Miami Bass music was around 140 BPM. Most famous Bounce artists included Magnolia Shorty, D. Jubilee, and Juvenile. Tracks would often replace the snare or clap in songs with a snap instead. Key artists include Dem Franchise Boyz, Yin Yang Twins, and D4L. Also, the content was that of hardcore rappers without subscribing entirely to the prevalent gangster image or hyper sexual content the south was primarily known for.
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