text:
<?php
namespace Neos\Flow\Tests\Unit\Validation\Validator;

use Neos\Flow\Validation\Validator\DateTimeRangeValidator;

require_once 'AbstractValidatorTestcase.php';

/**
 * Testcase for the number range validator
 *
 */
class DateTimeRangeValidatorTest extends AbstractValidatorTestcase
{
    /**
     * @var string
     */
    protected $validatorClassName = DateTimeRangeValidator::class;

    /**
     * @var DateTimeRangeValidator
     */
    protected $accessibleValidator;

    /**
     * Sets up this test case
     */
    protected function setUp(): void
    {
        $this->accessibleValidator = $this->getAccessibleMock(DateTimeRangeValidator::class, ['dummy']);
    }

    /**
     * @test
     */
    public function parseReferenceDateReturnsInstanceOfDateTime()
    {
        $testResult = $this->accessibleValidator->_call('parseReferenceDate', '2007-03-01T13:00:00Z/P1Y2M10DT2H30M');
        self::assertTrue($testResult instanceof \DateTime);
    }

    /**
     * @test
     */
    public function parseReferenceDateReturnsTimeWithoutCalculationCorrectly()
    {
        $testResult = $this->accessibleValidator->_call('parseReferenceDate', '2007-03-01T13:00:00Z');
        self::assertEquals('2007-03-01 13:00', $testResult->format('Y-m-d H:i'));
    }

    /**
     * @test
     */
    public function parseReferenceDateAddsTimeIntervalCorrectlyUsingOnlyHourAndMinute()
    {
        $testResult = $this->accessibleValidator->_call('parseReferenceDate', '2007-03-01T13:00:00Z/PT2H30M');
        self::assertEquals('2007-03-01 15:30', $testResult->format('Y-m-d H:i'));
    }

    /**
     * @test
     */
    public function parseReferenceDateSubstractsTimeIntervalCorrectlyUsingMonthAndMinuteForcingYearSwap()
    {
        $testResult = $this->accessibleValidator->_call('parseReferenceDate', 'P4MT15M/2013-02-01T13:00:00Z');
        self::assertEquals('2012-10-01 12:45', $testResult->format('Y-m-d H:i'));
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorIfTheGivenValueIsNull()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z']);
        self::assertFalse($this->validator->validate(null)->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorIfTheGivenValueIsAnEmptyString()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z']);
        self::assertFalse($this->validator->validate('')->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsOneErrorIfGivenValueIsNoDate()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z']);

        $errors = $this->validator->validate('no DateTime object')->getErrors();
        self::assertSame(1, count($errors));
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateMustBeingAfterAFixDate()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z']);

        self::assertFalse($this->validator->validate(new \DateTime('2009-03-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsErrorForAGivenDateMustBeingAfterAFixDate()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z']);

        self::assertTrue($this->validator->validate(new \DateTime('2007-02-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateMustBeingAfterACalculatedDateRangeViaAdding()
    {
        $this->validatorOptions(['earliestDate' => '2007-03-01T13:00:00Z/P1Y2M10DT2H30M']);

        self::assertFalse($this->validator->validate(new \DateTime('2009-03-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsErrorForAGivenDateMustBeingAfterACalculatedDateRangeViaSubstracting()
    {
        $this->validatorOptions(['earliestDate' => 'P2M10DT2H30M/2011-03-01T13:00:00Z']);

        self::assertTrue($this->validator->validate(new \DateTime('2009-03-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateMustBeingBeforeACalculatedDateRangeViaAdding()
    {
        $this->validatorOptions(['latestDate' => '2007-03-01T13:00:00Z/P1Y2M10DT2H30M']);

        self::assertFalse($this->validator->validate(new \DateTime('2008-03-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsErrorForAGivenDateMustBeingBeforeACalculatedDateRangeViaSubstracting()
    {
        $this->validatorOptions(['latestDate' => 'P2M10DT2H30M/2011-03-01T13:00:00Z']);

        self::assertTrue($this->validator->validate(new \DateTime('2011-02-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsErrorForAGivenDateOutsideUpperAndLowerBoundaries()
    {
        $this->validatorOptions([
            'earliestDate' => '2011-01-01T13:00:00Z',
            'latestDate' => '2011-03-01T13:00:00Z'
        ]);

        self::assertTrue($this->validator->validate(new \DateTime('2011-04-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateInsideUpperAndLowerBoundaries()
    {
        $this->validatorOptions([
            'earliestDate' => '2011-01-01T13:00:00Z',
            'latestDate' => '2011-03-01T13:00:00Z'
        ]);

        self::assertFalse($this->validator->validate(new \DateTime('2011-02-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateThatIsEqualToTheMinimumDate()
    {
        $this->validatorOptions([
            'earliestDate' => '2011-01-01T13:00:00Z',
        ]);

        self::assertFalse($this->validator->validate(new \DateTime('2011-01-01T13:00:00Z'))->hasErrors());
    }

    /**
     * @test
     */
    public function validateReturnsNoErrorForAGivenDateThatIsEqualToTheMaximumDate()
    {
        $this->validatorOptions([
            'latestDate' => '2011-01-01T13:00:00Z',
        ]);

        self::assertFalse($this->validator->validate(new \DateTime('2011-01-01T13:00:00Z'))->hasErrors());
    }
}


text:
FP Logue
Environment, Technology & Information Law
#InfoLaw2019
Who Knew? EU law and the right to know about environmental matters
This is Fred Logue's presentation given on 28 June 2019 at UCC's "Communicating Europe" event held in UCC
FP Logue secures social welfare payments for client who refused to apply for Public Services Card
FP Logue received confirmation recently that the Department of Employment Affairs and Social Protection has agreed to pay social welfare benefits to a client who refused to register for the Public Services Card (PSC).
Our client had presented a passport and proof of address with an application for benefits and received a formal decision from the Deciding Officer that the payments would be available for collection in the local post office in due course.
Some days later our client was informed by a member of staff that the approval had been a mistake and that the payments would be suspended until such time as an application for the PSC was processed. Our client refused to make the application and asked for written reasons to be provided. The position was subsequently confirmed in writing that payments were suspended until a PSC application was processed.
We wrote to the relevant official on our client's behalf pointing out that there was no requirement under social welfare law for an applicant to register for the PSC and that the payment had been unlawfully suspended and that our client had been grossly misinformed as to their rights by officials.
We have now received confirmation that payments have been released confirming our assertion that a PSC registration is neither mandatory nor compulsory for the purposes of accessing social welfare benefits.
Introducing #InfoLaw2019 – 22 March
It's nearly a year since GDPR came into force and we are beginning to see what the world looks like post-GDPR. Just yesterday we saw the French regulator hand out a €50 million fine to Google and it seems there is more to come. We are seeing the rise of the non-profit complainant taking on cases for individuals. DPOs are beginning to find their feet and the first cohort is starting to experience what it is really like to hold this position in the public sector and large organisations.
There are still many questions on people's minds:
Will there be an avalanche of litigation?
What is the DPO really supposed to do?
Will the GDPR change the way the State and the public sector handle personal data?
How are big organisations adapting?
#InfoLaw2019 you can find out the answer to these questions and more from some of Ireland's leading lawyers, DPOs and industry professionals. We'll give more details of speakers and topics in the next week or two, check our website for more details or you can order your discounted early-bird ticket below:
Data controllers at risk if they presume mixed personal data can't be accessed by data subjects without third party consent
The biggest data protection myth out there is that third party personal data cannot be disclosed under a subject access request that covers "mixed" personal data, i.e. information that contains personal data of more than one individual.
If I had €10 every time a data controller made this claim I wouldn't need to write this update because I'd have already retired a rich man and would be sitting in my vineyard in the South of France enjoying the good life.
The reality is that there is no presumption against disclosure of third party personal data in a mixed access request. Obviously third parties have privacy rights which cannot be adversely effected but that doesn't mean they have to consent to disclosure. A data controller has to balance competing interests and make a decision in line with the GDPR, that's what the law says.
While it may be a difficult to decision to make in some circumstances, generally there should be no real issue since the GDPR facilitates the processing of others people's personal data as long as it is lawful, responding to a subject access request is no different.
Litigation risk
Data controllers are risking legal proceedings or complaints to the Data Protection Commission if they wrongly assume that all third party data must be purged when responding to subject access requests.
In many situations the rationale for the subject access request is to access information about other people, for example family members or professionals and in those circumstances data subjects may have a very strong legitimate interest in accessing mixed data.
B v General Medical Council
The English Court of Appeal considered this issue in the case of B v General Medical Council [2016] EWCA Civ 1497 which concerned a request by a patient to access a report prepared by the General Medical Council after the patient had complained about his treatment by a doctor. The doctor objected to the release of the report saying it contained both his and the patient's personal data and therefore his right of privacy prevented the report being released to his former patient.
The General Medical Council nevertheless decided that on balance the rights of the patient favoured releasing the report to him. The doctor successfully appealed to the High Court but that appeal was overturned in the Court of Appeal on the basis that there is no presumption in favour of refusing access to mixed data and the data controller is best placed to make that evaluation and in this instance had done so correctly and lawfully.
Data controllers need to take heed
This case shows that data controllers have a wide margin of discretion but nevertheless have to weigh up the competing interests when handling a subject access request for access to mixed personal data. There is no presumption that mixed data must be refused or that the third party data subject must consent to release.
Any data controller that handles a subject access request based on these presumptions risks litigation or a complaint to the Data Protection Commission.
This article was also published on LinkedIn
New section: Key-cases
We've added a new section to our site that tracks the key cases where we have acted, this includes several important cases in environmental law and information law where important environmental and information rights have been clarified by the courts and other bodies
Visit https://www.fplogue.com/key-cases/ to find out more
Image: Licensed under CC BY-SA 3.0 http://alphastockimages.com/
The Right to access environmental information: The protracted reality
From our guest intern Patrick Barrett LLM:
Collins English Dictionary defines 'expeditious' as "quick and efficient". In today's fast paced society, where people bemoan their lack of free time and hectic schedules, the expectation of expeditious service has become customary.
European law provides a right of access requests to environmental information held by public bodies. If an applicant is unhappy with the outcome of their request, they may seek an expeditious review from an independent adjudicator called the Commissioner for Environmental Information.
The Office of the Commissioner for Environmental Information (OCEI) is an independent statutory body, run by the Commissioner, Mr. Peter Tyndall. The OCEI is quick to point out what it is not on it's website; it is not a court; it is not formal or adversarial; and it does not assist or advise the public in making Environmental Information requests.
Therefore, the appropriate question is; what does the OCEI do? More precisely, how has the Office performed over the previous four years? In comprehensively analysing the 77 decisions made between 2014 and 2017, the objective findings are as follows:
How long are reviews taking on average?
There are 77 listed decisions in the four-year period 5 of which do not record the date of appeal. Therefore, it is only possible to ascertain the length of time in 72 cases.
Length of times vary, from 34 days in Francis Clauson and The Commission for Energy Regulation (CEI/16/0022) to a protracted 959-day review in Lar McKenna and EirGrid (CEI/13/0015). Overall the median time calculated stands at 381 days per decision.
What type of information is being considered in appeals?
The breakdown of AIE Regulations considered by the Commissioner are as such:
Number of times considered:
Article 3 (Interpretation) 33
Article 7 (Action on request) 28
Article 9 (Discretionary grounds of refusal) 24
Article 10 (Incidental provisions related to refusal) 12
Article 8 (Grounds that, subject to Art.10, mandate a refusal) 11
Article 6 (Request for Environmental Information) 6
Article 11 (Internal review of refusal) 5
Article 4 (Scope) 4
Article 12 (Appeal to Commissioner) 1
Article 15 (Fees) 1
What are the outcomes from appeals to the OCEI?
The outcome of decisions by the Commissioner are:
46 refusals to release information, 26 findings that information should be released, and 7 decisions stating the request be reprocessed.
The Commissioner has recorded 32 affirmations, 27 annulments and 18 variations.
How many are threshold decisions?
With regard to the 77 decisions 28 concern the issue of whether the information requested is environmental information.
Almost 1 in 8, i.e. 9 decisions, question whether the entity is within the scope of public authority. There are 2 decisions that relate to both definition of public authority and environmental information.
From our analysis the time to make decisions is decreasing. However it is doubtful that the timeframe meets the legal requirements of EU law. The Aarhus Convention clearly states at Article 9(1):
In the circumstances where a Party provides for such a review by a court of law, it shall ensure that such a person also has access to an expeditious procedure established by law that is free of charge or inexpensive for reconsideration by a public authority or review by an independent and impartial body other than a court of law.
A cursory glance at the dictionary definition of expeditious may serve as a poignant reminder that applicants expect, and are entitled to, prompt and efficient recourse.
Commission releases legal submissions in Nowak data protection case
Since July 2017 it is now possible to get access to legal submissions in CJEU cases which are held by the European Commission. Since the Commission is a party or intervener in a wide range of cases, particularly the more important ones, this means that there is a now a high degree of transparency regarding the arguments of parties in CJEU cases.
We requested access to the pleadings in the well known case of Peter Nowak v. Data Protection Commissioner which concerned the issue of whether an exam script could be personal data.
You can follow the request below using the AsktheEU.org service
The case concerned a request by Mr Nowak for access to his exam script in a professional accountancy exam. The request was refused on the basis that his exam script was not personal data and therefore not accessible under the Data Protection Acts. The Data Protection Commissioner agreed and dismissed his claim as "frivolous or vexatious" i.e. the request was bound to fail.
Each of the Circuit Court, High Court and Court of Appeal agreed and dismissed his appeals. However the Supreme Court held that Mr Nowak was entitled to appeal and as a matter of EU law there was doubt as to whether Mr Nowak's exam script was personal data. In that case the Supreme Court stayed proceedings and made a preliminary reference to the CJEU.
Both Ireland and the Data Protection Commissioner argued for a narrow definition of personal data. In particular the Data Protection Commissioner acknoweldged that the exam result itself was personal data but the answers to the exam questions in this particular case were not personal data since there were no special circumstances such as, for example, where the exam requires the candidate to expose factual personal information.
Ireland made similar arguments.
The Court ultimately rejected this narrow interpretation and found that information becomes personal data because of the content, purpose or effect which links it with an identifiable individual. In terms of each of these the CJEU found that the information contained in an exam script was linked to the candidate and was therefore personal data and, in principle, accessible under the subject access right.
C 434 16 Observations Ireland EN
C 434 16 Observations Data Protection Commissioner EN Redacted
Sandra Conway appointed to board of the Transparency Legal Advice Centre
FP Logue associate, Sandra Conway, was today appointed to the Board of Directors of the Transparency Legal Advice Centre (TLAC).
TLAC is Ireland's only independent law centre specialising in providing free, independent legal advice and referral services to anyone making disclosures of wrongdoing. TLAC was established by Transparency International Ireland following the introduction of the 2014 Protected Disclosures Act which has lead to a substantial increase in the volume of people reporting concerns arising in the course of their work.
Transparency International Ireland continues to support public bodies to create a supportive work environment for employees, including sign-posting the facilities offered by TLAC to public sector employees and continues to operate the Speak Up helpline providing support to witnesses, whistleblowers and victims of corruption and other wrongdoing. Since 2011 it has provided information and referral services to over 900 people.
Sandra volunteered with the Speak Up helpline in 2011 as it launched before joining the business integrity initiative at Transparency International Ireland until Jan 2014. She is delighted by the developments within the organisation and proud to support TLAC as a member of the Board.
FP Logue welcomes Sandra's appointment to TLAC since it fits with the firm's commitment to transparency and the protection of people who expose corruption and wrongdoing.
Access to European Court legal submissions clarifies Google Spain case
The 2014 CJEU judgment in Google Spain represented an historic victory for privacy campaigners when it held that the individual right to privacy and data protection generally took precedence over freedom of expression, and the rights of users to access information published on the internet.
In its judgment the CJEU said that the Google search engine is subject to EU data protection law and that Google has a duty to uphold the rights of individuals to have personal data erased from its search results unless there is a legitimate interest in having public access to that information.
In an age where you are who Google says you are, the judgment was decisive in setting boundaries for the tech giants.
We were curious about the other arguments that had been raised before the CJEU and how they had been dealt with, so we requested the submissions made in the case from the European Commission Legal Service under Regulation (EC) 1049/2001, on public access to European Parliament, Council and Commission documents.
Before July 2017, the European Commission maintained that the written submissions of the parties did not come within the scope of Regulation 1049/2001. The CJEU decision in Commission v Patrick Breyer (Case C-213/15 P) changed this and allowed for access to documents submitted to the court by third parties to be released after a case had been decided. This increased transparency allows for greater understanding of the ECJ's reasoning and the consideration it gives to the arguments made before it.
The Legal Service shared the written observations to the Court of :
The European Commission,
Google Spain SL and Google Inc. (the Appellants),
the Greek Government,
the Spanish Government,
the Italian Government,
the Austrian Government and
the Polish Government.
The Commission's response is set out in its letter:
Of interest was the summary treatment by the Court of arguments of proportionality and the right to operate a business; the "mere economic interest" of the search engine was dismissed despite the protection offered to the 'freedom to run a business' under article 16 of the Charter of Fundamental Rights. The concerns raised by Google that in singling it out, it would be unduly prejudiced, quickly dissipated when other search engines, such as Yahoo and Bing (operated by Microsoft) recognised the implications of the judgment for them and adapted.
The submissions are in French, as this is the working language of the European Court of Justice, but if there is something among the documents you'd like to examine in more detail, we're happy to help – language is no barrier here!
Photo: https://www.flickr.com/photos/valeriaastaburuaga/35512380606
Court recognises right to environmental protection in Irish Constitution
http://www.thebluediamondgallery.com/highlighted/images/environment.jpg
Update: The text of the judgment is available at this link.
In a ground-breaking judgment the High Court has recognised in the Irish constitution a right to environmental protection consistent with the human dignity and well-being of citizens.
The proceedings, brought by the Cork-based environmental NGO Friends of the Irish Environment, concerned a challenge to a decision of Fingal County Council granting the Dublin Airport Authority a five-year extension to a 2007 planning permission for the construction of a third runway at Dublin Airport.
FIE argued various points of European and Irish law including that the Irish constitution granted implicit environmental protections.
While the challenge was ultimately unsuccessful on the technical ground that FIE didn't have legal standing to bring a challenge under the relevant legislation Mr Justice Barrett nevertheless dealt at some length with the issue of whether there was a personal right to environmental protection in the Constitution.
In summarising its conclusions, the court noted that until recently the exploitation of natural resources had few legal restrictions but lately awareness has grown of the limits to environmental exploitation and of the toll that industrial and technological progress had taken on the environment. Such a historical, exploitative approach, the court said, has been tempered in recent years through European law and through greater public concern about environmental protection and its connection with our quality of life.
It was in this context that the court went on to state:
A right to an environment that is consistent with the human dignity and well-being of citizens at large is an essential condition for the fulfilment of all human rights. It is an indispensable existential right that is enjoyed universally, yet which is vested personally as a right that presents and can be seen always to have presented, and to enjoy protection, under A1t. 40.3.1° of the Constitution. It is not so utopian a right that it can never be enforced.
Concrete duties and responsibilities will fall in time to be defined and demarcated. But to start down that path of definition and demarcation, one first has to recognise that there is a personal constitutional right to an environment that is consistent with the human dignity and well-being of citizens at large and upon which those duties and responsibilities will be constructed.
While the decision of the High Court is open to appeal it nevertheless represents a historic judicial recognition of environmental rights in the Irish Constitution.
FP Logue acts for Friends of the Irish Environment
© 2017 to 2019 FP Logue – All Rights Reserved

redpajama_set_name: RedPajamaCommonCrawl


With Dan's experience in radio and Amy's experience with puppetry, voice work has been a natural addition for HarderMedia. Soon you'll be able to hear samples of Dan's radio work and maybe more.
The following is Amy's Character Demo. Enjoy!


text:
package org.gooru.nucleus.handlers.events.processors.repositories.activejdbc.formatter;

import java.util.List;

/**
 * Created by ashish on 20/1/16.
 */
public class JsonFormatterBuilder {

    public JsonFormatter buildSimpleJsonFormatter(boolean pretty, List<String> attributes) {

        return new SimpleJsonFormatter(pretty, attributes);
    }
}

redpajama_set_name: RedPajamaGithub


text:
Microsoft Updates, Expands Visual Studio Tools
The company has a new tool for R and has updated its Apache Cordova toolset.
by DevX Staff
Microsoft has two new product launches related to its developer tools. First, it has launched a new offering called R Tools for Visual Studio. According to the company, the open source plug-in brings one of the most popular statistical and data analysis programming languages to the Visual Studio IDE. For now, the tool is just a preview release.
Second, the company has updated its Visual Studio Tool for Apache Cordova. The mobile development tool is getting better error reporting, improved templates and more.
Email Author


UUP leaders were surprised—to say the least—when its Freedom of Information Law request for the State Education Department's teaching certification exam contract with Pearson, Inc. netted a document that was nearly 75 percent blacked out.
UUP quickly filed a FOIL appeal after receiving the heavily redacted reprint in late April 2015. Eight months later, the union finally received a copy of Pearson's teacher certification exam contract with much of its substantive content intact. Only parts of three pages of the 130-page document are blacked out; 25 pages were wholly blacked out previously.
"There was no reason for SED to black out huge sections of the contract," said UUP President Fred Kowal. "It was unacceptable, which is why we filed an appeal. This information is public and we are glad to share it with anyone who wants to view it."
"New York State's flawed teacher certification process and Pearson's flawed teacher certification exams have created a perfect storm to discourage people from pursuing a career in teaching in our state," said UUP Vice President for Academics Jamie Dangler. "We are reaching a crisis with teacher shortages across the state and negative impacts on diversity in the teaching work force. We hope the Regents and legislators will act soon to put the state's teacher certification process back on track."
The Pearson contract reveals that the state did not pay Pearson to develop and administer the exams. Instead, all of Pearson's payment and profits are made from student exam fees.
"This means Pearson has little incentive to fix flawed exams, since they profit when students take and retake them," said Dangler. "With four new teacher certification exams in New York State administered by Pearson, students can spend up to $1,000 or more to take and retake tests."
UUP, as part of its 2016 Legislative initiatives, is calling for a change to the state's procurement law that would stop Pearson and other for-profit testing companies from making a profit off of student teachers by charging—and recharging—them fees to take mandatory exams.
The UUP plan would have the State Education Department pay companies to develop the tests. SED would collect testing fees from students.
Hidden behind the many blacked-out parts of the 130-page contract was the meat of the pact: details of how Pearson would develop, field test, administer and score SED's new teacher certification exams—tests that UUP believes are deeply flawed. Many of those details were left unredacted in the latest copy of the contract sent to UUP.
UUP filed a FOIL appeal to see the redacted material. SED missed its deadline for responding to the appeal, and UUP began to pursue the possibility of legal action. In December, SED provided UUP with a copy of the contract with much of the blacked-out sections restored.
UUP has spent the last three years battling SED to get the department to fix its flawed teacher certification exams. The union has consistently maintained that SED introduced the exams without adequate support and input from teacher educators.
In April 2015, UUP, with NYSUT and the Professional Staff Congress/CUNY, called for SED and the state Board of Regents to conduct a full investigation of Pearson's new teacher certification exams. UUP reiterated the call last fall; it has provided illustrations of content and computer format flaws in the new exams, organized meetings with Regents, and convened a group of special education experts to meet with SED, Pearson, and the makers of the edTPA.


The Doona™ Sunshade Extension is designed to protect your baby from direct sunlight using its multi-positional feature. The additional protective layer provides enhanced UV protection (UPF>50). With the simple snap-on Doona™ connectors, attaching and removing the Sunshade Extension is quick and easy. A compact carry bag for easy storage when not in use is included.


Today is September 25th - that means only 3 more months until Christmas! And, as promised, today I will start with some fun and easy Christmas crafts.
If you are like me, you start planning well in advance to prepare for Christmas. Many of the craft stores already have their aisles brimming with holiday stuff, so now is the best time to stock up and get the best selection on Christmas fabrics, supplies and decorations.
Today I am going to share with you my favorite craft to do with my kids each year - handprint/footprint ornaments. I have been doing one each year since my son's first Christmas, and they have become so much fun to look at each year to see how much the kids have grown. The kids also get excited to find out what new ornament they will be making.
One of our first ornaments was made from paper, but most are made from craft foam. It's fun to use, comes in lots of different colors, is not expensive and holds up pretty well from year to year. You will also need glue and some other decorative supplies like googly eyes, pom poms, pipe cleaners, tiny jingle bells, paint, markers, and ribbon or yarn.
The first handprint ornament I did with my son was a handprint Santa. We used paint to create his handprint on paper, then decorated with drawing on a face and adding cotton ball fuzz for the hat. The paper version turned out cute, but is fragile. When we did this same ornament with my daughter we used craft foam, googly eyes and pom poms.
One of our favorite ornaments we've done has been the handprint/footprint reindeer. You use your child's footprint for the head and their handprints for the antlers. Again, we used craft foam for the handprints and footprints, pom poms and jingle bells for the nose, googly eyes and added a ribbon for hanging. They are just so cute! Another year we used just a handprint to make a reindeer, with the thumb being the head and the fingers being the legs.
The one ornament that makes me cry every time I look at it, is the handprint/footprint angel that I did with my daughter for her first Christmas. It is so tiny and sweet and reminds me of just how tiny my baby girl was. For this one, I used Crayola Model Magic clay to make her footprint. It dries but stays flexible, so I could actually cut her foot shape out of the clay. We used craft foam for the handprint wings, drew on a simple face and used a very puffy pipe cleaner for the halo.
We've come up with two different snowman ornaments. One uses the footprint as the body of the snowman. We also used the Crayola Model Magic clay for this one, adding pipe cleaner arms and a nose, a ribbon scarf and a foam hat. For the second snowman ornament, we used ball ornaments. I painted my son's hand and he carefully wrapped his hand and fingers around the ball, leaving his handprint. Once dry, he used paint markers to make each finger (and thumb) look like a little snowman. This second ornament is definitely geared towards older kids.
One year, I was lucky enough to find a bunch of wooden star ornaments on clearance after the 4th of July at my local craft store. We used these for our fingerprint penguins. My son painted each wooden star ornament After they were dry, he made fingerprints using black and white paint to create these adorable penguins. Orange craft foam was added for the beak and feet.
And last, but not least, is our mitten ornament. We used a mitten cookie cutter to trace the shape onto craft foam. After cutting out the mitten shapes, I painted my daughter's hand and she put her handprint inside each mitten. We punched a hole and tied them together. I'm glad I decided to do this one with her last year, because her hand just fit inside that shape.
These ornaments are so easy to make and make great memories for years to come. I hope they give you some ideas that you might like to try this holiday season. I will be back tomorrow to share the poems we paired with each of our ornaments. Not only did they make a great collection for our own tree, but we loved to share them with other family members as well.
I love them all, especially the ones with Magic Clay. Very creative!
Thanks Amanda! I hope you can get some ideas from these!
Thanks for sharing your creativity. These are really great idea!


text:
Justia › US Law › Case Law › New Jersey Case Law › New Jersey Superior Court, Appellate Division - Published Opinions Decisions › 1957 › Skupienski v. Maly
Skupienski v. Maly
47 N.J. Super. 409 (1957)
136 A.2d 41
BERTHA SKUPIENSKI, PLAINTIFF-APPELLANT, v. FRANK MALY AND ANN MALY, DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.
Argued August 12, 1957.
Decided November 12, 1957.
*410 Before Judges GOLDMANN, WAESCHE and KNIGHT.
*411 Mr. Charles Blume argued the cause for appellant (Mr. Benjamin Yanowsky, attorney).
Mr. Sheldon Schiffman argued the cause for respondents (Mr. Wilbur A. Stevens, attorney; Mr. Donald B. Connolly and Mr. Schiffman, on the brief).
The opinion of the court was delivered by GOLDMANN, S.J.A.D.
Plaintiff instituted an action to recover damages for personal injuries resulting from a fall on defendants' premises. The jury returned a verdict of no cause of action, and plaintiff appeals from the accordant judgment.
The accident happened on Christmas Eve 1955. Plaintiff was a tenant in a two-family duplex dwelling owned by defendants who lived in the other part of the structure. The entrance doors to the two apartments faced toward the rear. There was a canopy or sloping overhang, measuring about 5' x 4', over each door and two-step porch. A concrete walk ran the full length of the premises, past plaintiff's and defendants' doors, and joined another walk leading at right angles back to a garage or shed where there was a garbage pail supplied by defendants for their own and plaintiff's use.
There had been a fall of snow sometime previous to December 24, and defendants had cleaned the walk over its entire width. However, snow remained on the grass, roofs and canopies. It drizzled for a while on the morning of December 24, followed by a thaw, so that water dripped from the canopies onto the walk. It appears there was a slight depression in the walk directly in front of defendants' porch and that a small amount of water gathered there. Plaintiff and her son, as well as defendants, had used the walk during the day. The son testified that when he left the house at 1 P.M., and again on his return at about 3 P.M., he noticed that the walk in front of defendants' door was wet with water dripping from the overhang. He went past the same spot at 6 P.M. and slipped; he found that the *412 dripping water had begun to freeze, but he did not mention this fact to defendants.
Plaintiff also testified to the dripping from the melted snow on the canopy, and to the wet condition of the walk in front of defendants' door when she passed that way at 3 P.M. At about 9:30 that evening she left her apartment to empty some garbage in the pail located in the garage. She noticed what looked like water in front of defendants' door, but which was actually ice. She slipped on the ice, fell on her back and head, and suffered the injuries complained of. She doesn't know how long she lay there, but when she came to she somehow managed to get to defendants' door, rang the bell, and told them of the icy condition. Plaintiff has been under medical attention ever since.
Defendant Frank Maly had noticed a glaze of ice in front of his door at 6:30 A.M. He, too, testified there was a thaw during the morning and afternoon. He said he noticed the snow on the canopy, melting and dripping down. The sidewalk remained wet all day. The last time he had occasion to go outside his apartment and onto the sidewalk was between 5 and 6 P.M. and he observed no ice adjacent to his steps at that time. He remained in the house all evening until he answered plaintiff's ring at about 10:30 P.M. It was then he saw the ice glaze on the walk. Asked on cross-examination if he would say there was never any ice on the walk in front of his entrance, he replied he could not say that.
Maly's wife, the co-defendant, remained in the house after returning home late that afternoon. She stated that ever since the sidewalk was installed, some eight years before, there had never been an occasion when water or ice collected in front of her door.
Plaintiff contends there was error when the trial judge, in the course of his charge, said there would be no liability if the accident had happened on a public sidewalk. The remark was purely incidental and contrastive, for he at once went on to say that the sidewalk with which the court and jury were concerned was entirely upon defendants' *413 property, and was used in common by them and their tenant. In that situation, he said, "the law imposes upon the landlord the obligation of using reasonable care to have the premises reasonably safe for the purpose intended." Nor was there error, as plaintiff argues, when the trial judge said, "We are not dealing with a large tenement house or a large apartment house with great numbers of people walking back and forth." This, again, was purely by way of contrast, for he made clear that what was involved was a two-family house, occupied by only one tenant and the owner.
Read in context, neither reference was objectionable. Consideration of the charge in its entirety leaves no room for concern that the jury may have been misled. The passing references by the trial judge, read in the context of the entire charge, could not rationally have involved the jury in a consideration of irrelevant matters.
Plaintiff cites several cases in an attempt to persuade us that the injection of these matters was error. Upon examination we find that they dealt with situations where there was an erroneous charge, or an accurate statement of the law coupled with an erroneous charge. See, for example, Guzzi v. Jersey Central Power and Light Co., 12 N.J. 251, 260 (1953); Davidson v. Fornicola, 38 N.J. Super. 365, 371 (App. Div. 1955); Friel v. Wildwood Ocean Pier Corp., 129 N.J.L. 376, 378 (E. & A. 1943).
However, error is laid to another part of the charge where the court said:
"* * * There has been some talk about leaders and gutters and things of that sort, which is wholly immaterial, because you don't have to have any gutters or leaders on your house if you don't want them. There is nothing that obligates you to do it in any respect. In this particular case we are talking about a little overhang only three or four or five feet wide over the back steps. You will see that in the photographs. And nobody, not even the expert produced on behalf of the plaintiff, says that there should have been a gutter there. And whether there should or should not is entirely beside the point; there is no allegation of any improper construction or anything of that sort. We are only concerned with whether or not this dangerous condition, if there was one, existed for such a length of time that Mr. and Mrs. Maly should have *414 known about it and done something about it. So you don't have to worry about gutters or leaders or anything of that nature."
Plaintiff's counsel duly excepted to the language used by the court. We find reversible error in this aspect of the charge. The facts as stated are inconsistent with the record, and the court erred in its statement of the law.
The trial judge was mistaken when he told the jury there was "no allegation of improper construction or anything of that sort" in the case. True, the original complaint did not allege improper construction of the overhang. However, this issue was anticipated, at least by implication, in the statement of defendants' contentions set out in the pretrial order. And if there be any doubt on this score, the issue was definitely made a part of the case when, after counsel's opening, the court permitted amendment of the pretrial order to include "improper construction that there was no gutter across the roof," and this after defendants' attorney frankly admitted there was no surprise, in light of his telephone conversations with opposing counsel. It need hardly be stated that this amendment, correctly allowed, made the issue of improper construction as much a part of the case as if included in the pleadings. That issue was actually tried. Indeed, defendants in their brief agree it was one of the issues to be determined at the trial.
The further statement by the court in its charge that plaintiff's expert did not say there should have been a gutter on the overhang does not accord with the record. The expert, a builder of houses and general contractor, said in answer to the trial court's direct question whether there was any standard requiring a gutter for an overhang of the type involved in this case, that there was such a standard, and this roof was a little too large not to have a gutter. The custom of the building trade, he went on to say, was to put a gutter on a roof 20 square feet or more in area, and this canopy was close to that figure.
Thus, the factual issue of improper construction was squarely presented at the trial. The court sent the case to *415 the jury on the single issue of whether defendants had constructive notice of any dangerous condition upon the sidewalk, no actual notice having been shown. Whether or not this limitation on the jury's consideration of the case was error depends on the correctness of the court's statement in its charge that there was nothing in the law requiring a person to have gutters or leaders on his house. The trial judge was under the impression that there were "plenty of cases" in New Jersey on point. He apparently was referring to those dealing with injury suffered by the user of a public sidewalk and holding that an abutting owner is under no duty to construct a drainage system upon his building for the purpose of preventing an accumulation of rain or water from running across the public sidewalk and freezing. E.g., Saco v. Hall, 1 N.J. 377, 380 (1949); Millar v. United Advertising Corp., 131 N.J.L. 209, 211 (E. & A. 1944); Zwickl v. Broadway Theatre Co., 103 N.J.L. 604, 606 (E. & A. 1927).
As contrasted with the above rule, defendants owed plaintiff, as their tenant, a duty to exercise reasonable care in keeping the walk in a reasonably safe condition. Had the injury been caused by the maintenance of a defective drainage system, the jury would have been justified in returning a verdict for plaintiff. Turzay v. Berkowitz, 125 N.J.L. 61 (Sup. Ct. 1940); DeMateo v. Perano, 80 N.J.L. 437 (E. & A. 1910); and see, generally, Annotation, 26 A.L.R.2d 610 (1952). It is not logical to deny recovery simply because no drainage system had been provided, if failure to do so resulted in a breach of defendants' duty to maintain the walk in a reasonably safe condition.
There was sufficient evidence from which the jury could have found that defendants, in not installing a gutter on the canopy, failed to act as reasonably prudent persons would in the circumstances, and so brought about the icy condition of the walk which caused plaintiff to sustain injury. It was therefore error to withdraw from the jury that part of the case relating to negligence by reason of improper construction.
*416 This conclusion makes unnecessary any consideration of plaintiff's contention that the trial court erred in failing to charge the jury in certain requested particulars.
Reversed.
WAESCHE, J.A.D. (temporarily assigned) (dissenting).
I think the judgment of the trial court should be affirmed for the reasons hereinafter stated.
The defendants were the owners of a two-family dwelling located on Fairfield Road in Wayne Township, Passaic County, New Jersey. They occupied one of the apartments of said dwelling. The plaintiff occupied the other apartment as the tenant of the defendants. The entrance to the apartment occupied by the defendants was sheltered by a small roof or canopy over the door, which extended out from under the eaves approximately four feet. This canopy was a shed roof type.
The defendants constructed and maintained a concrete sidewalk for the common use of the occupants of their two-family dwelling. This sidewalk led to the entrance of the plaintiff's apartment, and it led also to the entrance of the apartment occupied by the defendants. There was no gutter along the lower edge of the aforesaid canopy, which extended out over a part of the sidewalk.
On December 24, 1955, at about 9:30 P.M., the plaintiff slipped and fell on ice on the sidewalk at the entrance to the apartment occupied by the defendants. During that day, water, caused by rain and from melting snow, had been dripping from the said canopy onto the sidewalk. The plaintiff brought suit alleging that the accident resulted from the negligence of the defendants. The jury returned a verdict of no cause of action.
The defendants were under a duty to exercise ordinary care to see that the sidewalk was reasonably safe for the plaintiff to use. Griffin v. DeGeeter, 132 N.J.L. 381 (E. & A. 1944); Bohn v. Hudson & Manhattan R. Co., 16 N.J. 180 (1954). The trial judge charged the jury as follows:
*417 "This sidewalk, the sidewalk upon which the plaintiff fell, was entirely upon the property of the named defendants, Mr. and Mrs. Maly. It was a portion of the property used in common by the landlord, Mr. Maly, and his tenant, Mrs. Skupienski, and in that situation the law imposes upon the landlord the obligation of using reasonable care to have the premises reasonably safe for the purposes intended.
Now, the premises, of course, used in common by the landlord and tenant would include the sidewalk upon which Mrs. Skupienski fell, so that the obligation of Mr. and Mrs. Maly, the landlords, with respect to this sidewalk was to use reasonable care to have it reasonably safe for use.
Reasonable care is the care that any reasonably prudent person, any reasonably careful person would use in the same situation, and you must take into consideration the surrounding circumstances and the general situation.
The law makes you the sole judges of the facts, the weight of the evidence, the credibility of the witnesses, the inferences to be drawn from all disputed questions of fact, and the final conclusions to be reached after a consideration of the facts, so there is no real reason for me to attempt to recount the evidence or review the testimony that you yourselves have already heard.
I am going to make a brief reference to the factual situation, but you must understand that it is merely in an effort to assist you in your determination and to point out to you the claims of the respective parties, and you are not bound by any statements of the factual situation which I may make unless it happens to coincide with your own personal recollection."
The verdict of no cause of action is to be understood as an effort on the part of the jury to conform to the judge's charge. Dewar v. Ruehle, 137 N.J.L. 305 (Sup. Ct. 1948); Lampert v. Mikos, 22 N.J. Super. 155 (App. Div. 1952).
The majority reverses the judgment of the trial court, because, in essence, they say that the trial judge, when charging the jury, said that (a) "there is no allegation of any improper construction (of the roof) or anything of that sort," (b) "not even the expert produced on behalf of the plaintiff, says that there should have been a gutter there," and (c) "you don't have to have any gutters or leaders on your house if you don't want them."
I disagree with the conclusions the majority reached on the above statements for the following reasons:
*418 As to (a) that "there is no allegation of any improper construction (of the roof) or anything of that sort," it was immaterial whether there was such an allegation, and therefore that statement in the charge did not injuriously affect the substantial rights of the plaintiff.
As to (b) that "not even the expert produced on behalf of the plaintiff, says that there should have been a gutter there," that was a true and fair comment on the testimony of plaintiff's expert witness. The trial judge has a right to comment on the testimony of a witness so long as he leaves the jury free to draw their own conclusions and determine the facts. Kneip v. New York & Long Branch R. Co., 102 N.J.L. 374 (E. & A. 1925); Davis v. Gibbs, 23 N.J. Super. 558 (App. Div. 1952). The expert's testimony relating to the gutter was, nevertheless, immaterial, and the comment did not, therefore, injuriously affect the substantial rights of the plaintiff.
As to (c) that "you don't have to have any gutters or leaders on your house if you don't want them," that is a correct statement of the law. Furthermore, the statement was immaterial because there was no evidence that failing to put a gutter on the roof in question deviated from any standard of construction which is for the purpose of making the premises reasonably safe for use, or that such failure was the proximate cause of the accident. In the case of Bosze v. Metropolitan Life Insurance Co., 1 N.J. 5 (1948), the plaintiff testified that she slipped on the metal sill of the cab of the elevator. The trial judge excluded expert testimony relating to the construction of the floor of the elevator. The court held that the exclusion of the testimony did not constitute ground for setting aside the judgment in favor of the defendant because the construction of the floor of the elevator was not the proximate cause of the accident.
In the case of Zwickl v. Broadway Theatre Co., 103 N.J.L. 604 (E. & A. 1927), the theory was that the presence of ice on the public sidewalk was due to the negligence of the defendant. The evidence tended to show that the defendant had constructed a leader upon its building which discharged *419 the water from the roof of the building into a drain under the sidewalk. This leader was broken or otherwise out of repair so that the water from the roof, caused by rain or melting snow, spread itself over the sidewalk where it froze. The court said:
"The learned trial judge considered that he was bound to grant the motion to nonsuit by reason of the case of Jessup v. Bamford Brothers Co., 66 N.J.L. 641. We do not take that view. Undoubtedly, that case is authority for the proposition that an abutting owner, who collects the natural drainage of water from the roof of his building and discharges it upon the sidewalk through a pipe or other orifice, is not liable to a pedestrian, who, after this water had frozen upon the sidewalk, slips upon the ice so formed. And the reason for that doctrine is stated to be that the concentration of the flow of water, and its altered transmission to and upon the sidewalk, is a necessary incident to the legitimate and beneficial user of the property by the owner, and consequently, any injury arising therefrom is not actionable. If, therefore, the defendant in the present case had merely arranged a pipe or orifice for the purpose of permitting the water which gathered on the roof to fall upon the sidewalk, the doctrine of the Jessup Case would be applicable. But the evidence tends to show that the defendant did more than that. It tends to show that it constructed the leader or down pipe connected with the drain under the sidewalk for the purpose of carrying to the gutter of the street the water which accumulated on the roof of its building. And we think that the construction of the covered drain in connection with the down pipe justified the jury in finding, if it saw fit, that the system was designed for the protection of the public, and not solely for the defendant's benefit. Cavanagh v. Hoboken Land & Imp. Co., 93 Id. 163.
Of course, the defendant was under no legal obligation to construct such pipe and drain for the purpose of carrying the water into the gutter of the street (Sewall v. Fox, 98 N.J.L. 819); but, if it voluntarily assumed to do so, it was bound to use reasonable care to maintain the pipe and drain in such a condition that they would perform the function for which they were in part intended to perform of protecting users of the sidewalk from the dangers of ice formed by freezing water. Cavanagh v. Hoboken Land & Imp. Co., supra; Wolcott v. New York & L.R. Railroad Co., 68 N.J.L. 421. Of course, the defendant was under no legal obligation to continue such protection indefinitely, and might have abandoned its purpose at its own will, and thus relieved itself of liability to third persons who had knowledge or notice of such abandonment."
To the same effect, see Miller v. United Advertising Corp., 131 N.J.L. 209 (E. & A. 1943), and Saco v. Hall, 1 N.J. 377 (1949).
*420 In the three cases cited above, the court was considering the legal duty of the owner of a building to use a gutter or a leader to prevent water from flowing over the sidewalk which the public had a right to use. In the present case the court is considering the legal duty of the owner of a building to use a gutter to prevent water from flowing over a sidewalk which the plaintiff had a right to use. In the three cases cited above, the court said that the owner of the premises was not legally obligated to put a gutter on his building to prevent water, from rain or melting snow, flowing from the roof of the building onto the sidewalk. The legal principle which the court applied in the three cases cited above is the same legal principle which was applied in this case by the trial judge. To render a person liable on the theory of negligence there must be some breach of a legal duty. Brody v. Albert Lifson and Sons, 17 N.J. 383 (1955).
The plaintiff produced a building contractor to testify as an expert on construction. His entire testimony, insofar as it relates to the practice of putting a gutter on a roof or canopy of the size of the one involved in this case, is as follows:
Direct Examination
"Q. Do you know what the proper construction is with reference to a roof of this kind regarding rain or snow dripping down? A. The whole porch-roof area has no gutters and it should have a gutter in order to
Q. Is that the standard way of constructing the roof? A. Yes. The roof is a little too large for that."
"Q. Isn't it also true, Mr. Glaser, that there are very few instances where a small run-off or canopy, as we have described, has a gutter on it? A. That is right. Some of it is without it and some with it. It depends on the person who has the house and how safe they want to be.
By the Court:
Q. We are talking now about a standard acceptable to the trade. A. In small areas you find very often there is no gutter, that is correct, but it is not right.
*421 Q. Let us straighten this out. It is not right, in your opinion, but we are talking now about the opinion of those in the trade, the generally accepted custom and usage in the trade. Is there any standard that requires a gutter where there is an overhang or canopy of this nature? A. It all depends on the area of the roof. This roof, I think it is a little too large for not having a gutter. Usually, we have a little pitched roof over an entrance, over a kitchen, the area is not even half the size, most people the standard is just to forget a gutter.
Q. You are giving us your opinion. I am trying to ask you: Is there any standard in the trade or is it a matter of discretion with the builder? A. No. There is a standard in the trade, and the shed roof in that area there is at least a gutter and a leader. By Mr. Connolly:
Q. I thought you had just stated previously, sir, that there was no set standard as far as these run-offs or canopies or set-offs are concerned? A. I am just thinking about the area of that particular roof, having in mind how big that area is an architect would put a leader on.
Q. What is the separating area between a set-off or a canopy in which you don't have to have a gutter and one which you do? What is the trade or custom in the building practice? A. Well, usually we go, let us say, twenty square feet of roofing, the trend is to put a gutter on.
Q. You mean gutters are required when there are twenty square feet of roofing? A. About. About twenty square feet. It is too large to have just the water run off.
Q. What is the square footage of the roof we are concerned with here? A. I didn't measure it, but it should come close to it.
Q. Close to what? A. To twenty square feet.
By Mr. Connolly:
Q. Do you have any specific idea what is the area of this roof is? A. No. I didn't measure it.
Q. Then you really don't know how large this roof is? A. No.
Q. Is it not also true, to reiterate what I have said before, that there are many homes without gutters? A. That is right. That is correct."
Redirect Examination
"Q. Now, Mr. Glaser, if a house is built close to the sidewalk so that the roof comes even with the edge of the sidewalk and it has no gutters on it, is that standard construction? A. It is hard to answer. In a majority of the cases you don't find it, you don't find a gutter or leader because people just don't put it on; a lot of cases people put them on. It is something that I can't really answer yes or no.
Q. Does it make any difference where the house is located, with reference to a sidewalk, whether a gutter is standard construction or not? A. All I know is when we reach an area of twenty square feet, the architect draws one in the drawing, that is definite.
*422 Q. What is definite? A. That the architect draws a leader and gutter in the drawing, so we have to put it in whether we want to or not.
Q. Is that leader and gutter standard construction? A. For an area that large, yes."
Recross Examination
"Q. Mr. Glaser, I have one question I would like to ask you: Did you not say that where the roof area is twenty square feet or under that it is standard construction? A. Over.
Q. Would it not be, where the area of the roof is twenty square feet or under, it is standard construction not to put a gutter on? A. No, it is not standard, either, but most of the people don't do it, don't put it on.
Q. When the home is built, if it is built without a gutter in the specifications, is that not standard construction? A. Let us say it doesn't, it is not standard construction to have a shed roof over a front step. There is always a little gable roof, and that is the area on each side is very much smaller. I never put a shed roof over a front step yet.
Q. I am not asking you what you put over the front step. We had asked you what the trade or business custom was in this respect, and I thought you had answered previously that the area of separation was approximately twenty square feet. A. Yes.
Q. And that there are houses having some gutters and other houses that don't? A. That is correct.
Q. Would you say that homes that don't have these gutters are standard construction? A. All I know that the architects draw them in with that area, that is all I know.
Q. As far as the building line is concerned I am speaking of, would not it be where a home is constructed without a gutter having a roof area of twenty square feet or less that it is standard construction? A. Yes."
The foregoing testimony of plaintiff's expert witness is the only evidence in the case as to what constitutes standard construction of the roof or canopy over the entrance to the apartment of the defendants. This witness testified that many small roofs or canopies have no gutter; and that it was the custom not to put a gutter on a roof twenty square feet or less in area. He also said that it is usual to have "a little pitched roof over an entrance" in which case "the standard is just to forget a gutter." It is common knowledge that the roofs of many houses contain no gutter, and that the construction of a gutter on a roof of a house is not ordinarily for the purpose of making the premises reasonably *423 safe for use. It is also common knowledge that the absence of a gutter does not ordinarily render the premises unsafe to use. No expert opinion can establish negligence where common knowledge knows that there is none. In the case of Ferdinand v. Agricultural Ins. Co. of Watertown, N.Y., 22 N.J. 482 (1956), the court said, "when the proof of a particular fact is so meager or so fraught with doubt that a reasonably intelligent mind could come to no conclusion but that the fact did not exist there is no question for the jury to decide."
Deviation from the usual standard of construction can be negligence only provided such deviation creates an unsafe condition in the particular thing or object constructed, or that the usual standard of construction is intended to obviate a dangerous condition. Kelly v. Loft, Inc., 124 N.J.L. 185 (E. & A. 1939). The testimony of the expert did not relate to a standard of construction intended to render the premises reasonably safe for use, nor did his testimony relate to a standard of construction which was intended to obviate a dangerous condition. A roof which has no gutter does not, ipso facto, make the premises unsafe for use; and a roof without a gutter is not unusual and does not, ipso facto, deviate from the usual standard of construction.
Moreover, the plaintiff's expert did not testify that it was standard construction to put a gutter on a roof or canopy of the size and kind of the one involved in this case. He said that gutters were not customarily put on roofs or canopies under 20 square feet in area. He said that he had not measured the roof or canopy involved in this case, and therefore he did not know its size, but he thought that it should come close to twenty square feet. Therefore, he could not say whether standard construction would require a gutter on this particular roof or canopy. The record does not contain any evidence of the exact size of the roof or canopy. Knowledge is an essential element of testimonial qualifications. Guzzi v. Jersey Central Power and Light Co., 12 N.J. 251 (1953). And in the case of Stanley Co. of America v. Hercules Powder Co., 16 N.J. 295 (1954), the *424 court said that, "Where the opinion is so completely lacking in proper foundation as to be worthless it is not admissible."
In the case of Ristan v. Frantzen, 14 N.J. 455 (1954), the court said that, "A reading of the charge as a whole is required, and there is no error if the law is correctly and intelligently stated therein. The test is whether ordinary men and jurors would fail to understand the instructions given or be confused or misled." See, also, Kargman v. Carlo, 85 N.J.L. 632 (E. & A. 1913); Simons v. Lee, 117 N.J.L. 370 (E. & A. 1936); Kauderer v. McAllister Coal Co., 132 N.J.L. 410 (E. & A. 1944); Vadurro v. Yellow Cab Co. of Camden, 6 N.J. 102 (1950). Professor Edmond M. Morgan said, in an article appearing in 47 Harv. L. Rev. 59, that, "No extended experience at the bar or upon the trial bench is required to produce a vivid realization that only in the exceptional case is the jury decisively influenced by the judge's instructions." A microscopic examination of the charge of a trial judge for some immaterial and isolated word or phrase on which to set aside the judgment of the trial court is a tragic consequence in the administration of justice, and a serious challenge to the right of trial by jury. The jurors get only a general impression from the charge of the judge, but such impression is sufficient for them to understand and to apply the law applicable to the case. It is impossible for jurors to examine out of context every statement a judge makes in the course of his charge. Jurors have a right to, and they do, use their own knowledge, observation, and experience in weighing the testimony and arriving at a verdict on the facts as they determine them to be, and the law as given to them in the charge of the trial judge. Their verdict is not based on some extraneous matter in the trial judge's charge. See the article of Professor Farley on "Instructions to Juries," 42 Yale L.J. 194.
A judgment should not be set aside unless, after an examination of the whole case, it appears that an error injuriously affected the substantial rights of a party. R.R. 1:5-3(c), R.R. 2:5. Costanza v. Cavanaugh, 131 N.J.L. 175 (E. & A. 1943); Cauco v. Galante, 8 N.J. 233 (1951). *425 The jury in this case was not misguided with manifestly resultant harm and injury to the substantial rights of the plaintiff.
In my opinion, this case was fairly tried; it was fairly submitted to the jury by the trial judge; and the jury rendered a fair verdict on the evidence. The judgment of the trial court should be affirmed.


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Paul Hawkin has led in the climate change and sustainability literature for decades but this, I believe, is his most important work. Why? Because it demonstrates that the answers to climate extremes also solves many other long-term problems. For example, giving Native Americans control of their own land is a long-standing human rights issue; educating women worldwide has been a strategy recommended by the UN and human right groups as a proven strategy for reducing population pressures, improving health, reducing costs, promoting small business, and empowering 50% of the world to make a positive difference in our collective well-being. You'll be amazed at the top ten strategies: they are totally doable; we have the know-how. All that is missing is the WILL. Let's do it! Read the book and then pass it on to your friends.


Published Sep 19, 2012 by Prentice Hall.
Petroleum Production Systems, Second Edition, is the comprehensive source for clear and fundamental methods for about modern petroleum production engineering practice. Written by four leading experts, it thoroughly introduces modern principles of petroleum production systems design and operation, fully considering the combined behavior of reservoirs, surface equipment, pipeline systems, and storage facilities. Long considered the definitive text for production engineers, this edition adds extensive new coverage of hydraulic fracturing, with emphasis on well productivity optimization. It presents new chapters on horizontal wells and well performance evaluation, including production data analysis and sand management.


Last edited by anderson115; 07-11-2016 at 11:33 AM.
Heres a Blue e91 m-sport.
You're welcome. They were wait my for an airbag recall to be done, so I guess it's been completed.
There's also a 2011 e91 white m-sport black interior loaded auto at Beverly Hills BMW. They called me a week ago letting me know they are about to perform the airbag recall and will be for sale soon. It had 40k miles and was asking $21,900. This one is a good deal.
Last edited by T.Stanley; 07-28-2016 at 08:36 PM.
Last edited by T.Stanley; 08-08-2016 at 11:52 AM.
@T.Stanley just came here to post the same car. UNICORN!
Looks like this one is gone already. How much was it going for? I'm trying to keep my eyes on the market.
25k. That was a pretty good deal.
This is the one listed above by T.Stanley. It was previously 25K from the private seller. Looks like a dealer scooped it up and added 6K to the price. Too bad, because the dealer just beat me to this when it was being sold privately.
I didn't notice that it's the same car. My bad.
The dealers have much more resources than that from private parties like us.
Hi guys, I just put up an ad for my e91 6spd with 33k miles.


text:
Guru Nanak Sikh Studies Department organizes two day International Seminar
Grant of Rs.5 lakh announced by SGPC
Chandigarh, December 6, 2018: Two day International Seminar on "Guru Nanak DevJi's Legacy :Multi Dimensional Perspective" to commemorate the 550th Parkash Purav of Guru Nanak DevJi organized by the Department of Guru Nanak Sikh Studies, Panjab University, Chandigarh in collaboration with Chandigarh Sahitya Academy under the Chairmanship and seminar director Prof Shankar ji Jha (DUI) and Dr.Jaspal Kaur Kaang, academic in-charge respectively.
Bhai Gobind Singh Ji Longowal , President Shiromani Gurdwara Parbandhak Committee (SGPC) Sri Amritsar gave an overview about the Life, Journey and Teachings of Guru Nanak DevJi, and appreciated the efforts made by the Department to organize the seminar. He donated 5 lakh rupees to the University for Academic Research in Religious Studies. Dr.Roop Singh Chief Secretary SGPC also spoke about Guru Nanak Devji's vision.
The Vice Chancellor of Panjab University Prof. Raj Kumar in his address informed that in the year 2019, varous events will be dedicated to the celebration of 550th Parkash Purav of Guru Nanak DevJi apart from release of books on the same. He also assured of providing necessary funds for the same.
Dr. Sarbjinder Singh, Chairman Guru Granth Sahib Studies, Punjabi University Patiala talked about the ideals of Guru Nanak DevJi. Prof. Jaspal Singh Ex VC, Punjabi University Patiala, gave a detailed account about the rich Heritage of Guru Nanak DevJi. Dr. Gurinder Singh Mann, Director Global Institute of Sikh Studies, USA also expressed his views.
On the occasion, two Books based on the Seminar held by the Department in 2016, were released by the dignitaries present. Eminent Professors, research scholars, academicians and students from the universities all over Punjab were present for the seminar today. Dr. Karamjit Singh Registrar of Panjab University presented a vote of thanks.
PU Fellows, Deans, PU Officials, Faculty, academicians, researcher and students were present on the occasion.
CALENDAR "SYMBOLS OF FAITH IN SIKHISM" BY LAWYER HARPREET SANDHU RELEASED TODAY, Main aim of Sikhism is realization of God: Jagraj Singh, SGPC president released calendar - Symbols of Faith in Sikhism prepared by High Court Lawyer, Suspension of Panj Piyare attack on basic tenets of Sikhism- Sarna , WORLD'S FIRST AUDIO BASED APP ON SIKHISM 'SAAKHI' UNVEILED


Zimbabwe: The Fall of Mugabe – Victory for the Masses or for the Military-ZANU-PF Alliance?
1. Zimbabwe's weeks-long political turmoil brought about by the military's siege on political power, and subsequent house-arrest of Zimbabwe's long-time President Robert Mugabe, finally come to an end yesterday on 21st November 2017. The Zimbabwean Defence Forces (ZDF) led by General Chiwenga has finally forced Mugabe to resign as President of the nation, and abdicate his leadership of the ruling Party ZANU-PF, a party which he founded and led for 37 years after winning Independence from the British backed Ian Smith settler regime in 1980 via a years-long liberation struggle.
2. Mugabe led Zimbabwe as a dictator, brutally repressing any dissent or opposition against his leadership. His leadership has come to an end, but the repressive regime (ZANU-PF) he built around him remains. The question therefore stands, does the removal of Mugabe from power via a military coup constitute a victory for the working class, peasants and poor and oppressed masses of Zimbabwe, or does it represent a victory and continuation of a faction of the capitalist oppressive ZANU-PF whose preferred successor to Mugabe is Emerson Mnangagwa?
3. The RCIT and ELA hold the view that while the ousting of Mugabe as a dictator is a relief to the masses from long years of oppression, it does not however entail freedom and progressive change for the masses of the Zimbabwean people. The very fact that Mugabe has been deposed from power via a military coup d'état, and not by a mass popular uprising by the people, is evidence enough that the reactionary regime of ZANU-PF is very much in charge and ready to continue and maintain the status quo under another leader of the military favored faction of the ZANU-PF.
4. Therefore, what we see is a classic case of the Zimbabwean military and ZANU-PF political elite alliance capturing political power in the name of saving the people from Mugabe's dictatorship. In reality, the General Chiwenga and Mnangagwa military-political tag-team has usurped the will of the people under the pretext of 'protecting and advancing the revolution', whilst in actual fact, they will still maintain a stronghold on political power under a capitalist economic formation, and will continue to serve the political and economic interests of their own class – those of the political, military, bureaucratic and capitalist elites, and all to the exclusion and detriment of the long-suffering ordinary masses of Zimbabwe.
5. The latest developments are a confirmation of what we said in our last statement of 15th November: "The RCIT states that this military coup represents a power struggle within the ruling elite. Both sides represent different sectors of the capitalist class but none represents the interests of the labouring masses. Likewise, the Mugabe regime is not based on democratic elections or any mass support by the people but hold his power via repression and corruption for years. Therefore socialists in Zimbabwe oppose the coup but neither can they support the thoroughly corrupt Mugabe regime." Those who cheered the coup as an act of "liberation" were equally wrong as those who sided with Mugabe in the name of "anti-imperialism".
6. The RCIT and ELA therefore calls on all the peoples of Zimbabwe, and all Socialist and progressive formations across the world, not to consider the military coup and installation of the military's choice puppet leader Mnangagwa as a revolution nor victory of the people of Zimbabwe; but rather, to view such a military induced succession as a replacement of one dictator by another! In real terms, there is no change at all because the oppressors have not been overthrown by the people's insurrection!
7. We therefore call upon all oppressed people of Zimbabwe to immediately mount a counter- offensive against the military-political alliance if they are to truly liberate themselves. Such liberation must not be led by the bourgeois opposition party Movement for Democratic Change (MDC) or any other reactionary political force in Zimbabwe, but must be led by a revolutionary Party with a Socialist program that will deliver the demands of the working masses, peasants, students, women and youths of Zimbabwe. The workers and poor peasants of Zimbabwe must, in a word, take political power back from the generals, and by any means necessary, and wield it in their own hands for the purpose of serving their own political and economic interests! The ZANU-PF is a spent force, and compromised political entity that is of no value to the modern and historical demands of the masses of Zimbabwe, and is therefore, incapable of inspiring a revolutionary change. What the toiling workers, peasants and oppressed masses need for the true emancipation is one united socialist front with a revolutionary program. Most urgently they need their own revolutionary party as a leadership which serves the interest of the popular masses, and not an elite capitalist cabal that has entrenched itself in the decadent ZANU-PF!
8. The RCIT and ELA repeat to call for the independent organisation and mobilisation of the workers and poor. No support for any faction of ZANU-PF or the MDC! We call the workers and the poor to form action committees in order to independently fight for their demands. Likewise it is urgent to fight for a Revolutionary Constituent Assembly as a democratic body which debates and decides on a new constitution and which is composed of delegates who are controllable by those who elected them and who are open to recall by their constituents.
Down with the military-political coup of the General Chiwenga-Mnangagwa faction!
For a Revolutionary Constituent Assembly!
For the nationalisation of the key industries and banks under workers control! For the expropriation of the foreign corporations!
For the nationalization of the land under the control of the rural poor!
For a public employment program in order to abolish unemployment, etc.!
Down with all imperialist sanctions against Zimbabwe!
All Power to the popular masses of Zimbabwe! For a workers and poor peasants government based on workers and popular councils and militias!
Long live the struggle for Socialism and Liberation of all Africa!


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Locate the desired template on the "Manage Ysurvey" screen and click on the associated trash can icon .
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When you Google "Facebook friend value," the results are as myriad as searching for Obama. From .37, to $1, to more than $100. But really, what is the price of friendship, it's true value— and what about it's cost?
Clearly, we are still grappling with defining the intrinsic value of social media—trying to make a tangible assessment, a dry measurement, but it still eludes us. It's "like trying to put spilled Jell-O back into a bowl with your bare hands," as my dear friend Joe Teague used to say. The range of responses to the Facebook question embodies this challenge somehow, but I believe this conversation still misses the mark.
I loved what media guru (social and otherwise) Erik Qualman sought to qualify rather than quantify the role of social media in his live presentation to the Dallas Social Media Club last week. (#smcdallas) This is an interesting foil to his previous messaging. You've probably seen his seminal, statistics-sprinkled videos about social media. In socio-psychological terms, he posits that social media falls very near the base of Maslow's famed "Hierarchy of Needs"—just above safety and security. According to Qualman, social media behavior fulfills our basic need for a sense of belonging and connection. Isn't that priceless?
1.	Over 50% of the world's population is under 30.
2.	96% of them have joined a social network.
3.	Facebook now tops Google for weekly traffic in the U.S.
4.	Facebook added over 200 million users in less than a year.
5.	iPhone applications hit 1 billion in 9 months.
instead they are distributing: eReaders and iPads.
compared to those who are not fans.
•	Fans are 28 percent more likely than non-fans to continue using a specific brand.
•	Fans are 41 percent more likely than non-fans to recommend a product they are a fan of to their friends.
You might be saying, "Hey, those companies are all retail, consumer-facing. What about B2B?" And you would be very astute. That's true. It's a little easier to connect revenue to engagement around sales of cell phones, underwear, tennis shoes, and food. But, the formula holds for other scenarios. My own experience with the REO Expo is a case in point. We managed to reach and even surpass our attendance goal of 1,500 earlier this month through a strategic, integrated cultivation of our target business audience, using Facebook, LinkedIn, Twitter, focused professional communities, and email marketing promotions.
To paraphrase Erik Qualman, change is the only thing that's certain about today's social media landscape. So, refresh, regroup, and eat your Wheaties.
In the meantime, how would you calculate the value of a friend?
Next Post Is social media the new job one?
Great stuff Elaine! I really enjoyed my visit to Dallas. I have to give credit to my friend Scott Galloway (NYU Prof and founder of L2) for pointing out the connection of social media and Maslow's pyramid.
Erik, thanks for chiming in. I have shared your video so many times.
Great post! Thanks for taking the time to summarize what Eric brought to the group as well as pose the question. With marketing becoming more scientific over the last decade we want to know the ROI, what each relationship is worth, etc. Maybe I'm simple-minded but I still believe the single most important metric is the net promoter score. If you'll recommend me to those you know…you're a fan.
Given that framework, the goal is to build the relationship (online and offline) until you will recommend me to others. That's the softer side that's harder to quantify along the way.
Look forward to reading more and appreciate the knowledge you share.
Thanks for your comment! I so agree with you that is is really all about relationships–on and off the grid. And now, with the breakneck speed of new media change and associated behaviors, the process of cultivating those relationships is becoming increasingly complex.


text:
Q: Input password in Win32 console application I've developed a little routine to input a password in a Win32 console:
wstring inputPassword()
{
    HANDLE hStdIn, hStdOut;
    hStdIn = GetStdHandle( STD_INPUT_HANDLE );
    hStdOut = GetStdHandle( STD_OUTPUT_HANDLE );
    DWORD dwOldConsoleMode;
    GetConsoleMode( hStdIn, &dwOldConsoleMode );
    SetConsoleMode( hStdIn, dwOldConsoleMode & ~(DWORD)(ENABLE_ECHO_INPUT | ENABLE_LINE_INPUT) );
    vector<COORD> coords;
    auto getCoord = [&]() -> COORD
    {
        CONSOLE_SCREEN_BUFFER_INFO csbi;
        GetConsoleScreenBufferInfo( hStdOut, &csbi );
        return csbi.dwCursorPosition;
    };
    auto revertConsolePos = [&]( bool pop )
    {
        SetConsoleCursorPosition( hStdOut, coords.back() );
        if( pop )
            coords.pop_back();
    };
    auto printConsole = [&]( wchar_t ch )
    {
        DWORD dwWritten;
        WriteConsoleW( hStdOut, &ch, 1, &dwWritten, nullptr );
    };
    wstring pass;
    for( ; ; )
    {
        wchar_t ch;
        DWORD dwRead;
        ReadConsoleW( hStdIn, &ch, 1, &dwRead, nullptr );
        if( ch == L'\r' )
            break;
        if( ch != L'\b' )
            pass += ch,
            coords.emplace_back( getCoord() ),
            printConsole( L'*' );
        else
            if( pass.length() )
                pass.resize( pass.length() - 1 ),
                revertConsolePos( false ),
                printConsole( L' ' ),
                revertConsolePos( true );
    }
    SetConsoleMode( hStdIn, dwOldConsoleMode );
    return pass;
}

Unfortunatly this doesn't work perfectly since the console-positions-vecor might not be up to date when the console is resized. How can I update my console positions according to a window resize?

redpajama_set_name: RedPajamaStackExchange


text:
New report finds coal and wind energy usage tied in Texas for the first time
Wind energy usage in Texas has been slowly creeping up on coal — and now the two are neck-and-neck. Getty Images
In an electrifying sign for the renewables sector of Houston's energy industry, wind for the first time has essentially tied with coal as a power source for Texas homes and businesses.
In 2019, wind (19.97 percent) and coal (20.27 percent) were locked in a statistical dead heat to be the No. 2 energy source for customers of the Electric Reliability Council of Texas, or ERCOT. Natural gas ranked first (40.2 percent). The Austin-based nonprofit manages about 90 percent of the state's electrical grid.
Houston stands to benefit greatly from these winds of change.
Long dominant in the oil and gas industry as the Energy Capital of the World, Houston is adapting to the shifting tide from traditional energy sources to renewable energy sources like wind and solar. Over 30 companies involved in wind energy are based in the Houston area. Major local players in wind energy include BP Wind Energy North America Inc., EDP Renewables North America LLC, and Pattern Energy Group Inc. In addition, many of the state's more than 130 wind-generation projects are operated from Houston.
Bob Harvey, president and CEO of the Greater Houston Partnership, says the region's "unparalleled experience" with massive energy initiatives supplies an edge in the burgeoning renewable energy sector.
"Houston's talent base knows energy, from development to commercial operations, and the region offers a competitive advantage to renewable energy companies looking to develop projects both domestically and around the world," Harvey says. "Houston and Texas are well positioned as leaders who are developing large-scale renewable energy projects in both wind and solar."
Harvey says ERCOT's aggressive pursuit of wind and solar power also bodes well for Houston and the entire state.
"When combined with our natural advantages of great sites for wind and solar, our market structure has made Texas a global leader in the transition to low-carbon power generation," he says. "We expect Houston will continue to play a major role as wind, solar, and other renewable energy sources continue to rise on a global scale."
Susan Sloan, vice president of state affairs at the American Wind Energy Association, notes that Texas leads all states for wind energy, with 25 gigawatts of capacity generated by nearly 14,000 wind turbines. The Lone Star State produces about one-fourth of the country's wind power, and the wind energy industry employs more than 25,000 Texans.
With another 9 gigawatts of capacity coming online, "Texas continues to champion investment in wind energy as the state's electric load continues to increase," says Sloan, who's based in Austin. "Wind is an established and growing part of the Texas energy economy, and will be for years to come."
Texas has made great strides in wind energy in the past decade. In 2010, wind represented only 7.8 percent of ERCOT's power generation and ranked as the grid's No. 4 energy source, while coal stood at 39.5 percent and ranked first.
In September 2019, Norwegian energy research firm Rystad Energy predicted wind will bypass coal as a Texas energy source in 2020. Rystad Energy, which has an office in Houston, expects wind to generate 87 terawatt-hours of electricity in Texas this year compared with 84.4 terawatt-hours from coal. One terawatt-hour equals the output of 1 trillion watts over a one-hour period.
"Texas is just one of many red states that have recently 'gone green' by harnessing their great wind-generation potential," Carlos Torres-Diaz, head of gas market research at Rystad Energy, said in a release. Renewable energy sources like wind "are reaching a level where new installations are not driven solely by policies or subsidies, but by economics," he added.
electric reliability council of texas ercot bob harvey american wind energy association greater houston partnership coal wind energy


Going on vacation is enjoyable. Buying journey insurance, a little less so. So, to ensure you have the reassurance of cover for your journeys and a bit of something extra, we treat you to a free £5 Debenhams reward card^ once you take out single trip travel insurance with us, and £15 when you buy annual multi journey cover^ You can select to place it in the direction of some travel necessities earlier than you go, or cheer yourself up with a mini-spree while you return.


RARELY AVAILABLE 2 BEDROOM SEMI BUNGALOW IN SCAWBY.
Available for immediate occupation this 2 bedroom semi detached Bungalow benefits from a 5m rear facing Lounge overlooking an enclosed garden, Kitchen with a range of light fronted units with gas cooker and Utility area. A modern Shower room completes the accommodation. The property also features off road parking, Pvcu double glazing and gas heating.
With wide double glazed patio doors to the rear aspect, electric fire in decorative surround, dado rail, coving, ceiling rose, radiator, tv aerial point and telephone point.
With Pvcu double glazed panels to 3 aspects, fitted work top, plumbing for an automatic washing machine and rear door.
With Pvcu double glazed window to the front spect, radiator and telephone point.
With Pvcu double glazed window to the front aspect, radiator and coving.
With suite in white to include close couple wc, pedestal wash hand basin, glazed and tiled shower enclosure, radiator and Pvcu double glazed window.
The property is fronted by clipped hedging beyond which there is a neat lawn area and a 2 car concrete driveway. A gate opens to the rear of the property which is again mainly lawned with a flagged patio and garden shed.


Thanks to the "snowstorm" that hit Seattle on Monday, all classes were cancelled. Thus, we are scrambling to rejigger the syllabus, and cover the critical math concepts. This class, we finish basic time value of money, and start looking at securities – in particular, bonds.


text:
package build

import sbt._
import Keys._

import org.scalajs.sbtplugin.ScalaJSPlugin

object ExternalCompile {

  private val isWindows =
    System.getProperty("os.name").toLowerCase().indexOf("win") >= 0

  val scalaJSExternalCompileConfigSettings: Seq[Setting[_]] = inTask(compile)(
      Defaults.runnerTask
  ) ++ Seq(
      fork in compile := true,
      trapExit in compile := true,
      javaOptions in compile += "-Xmx512M",

      javaOptions in compile ++= {
        val scalaExtDirs = System.getProperty("scala.ext.dirs")
        if (scalaExtDirs != null && (fork in compile).value)
          Seq("-Dscala.ext.dirs=" + scalaExtDirs)
        else
          Nil
      },

      compile := {
        val inputs = (compileInputs in compile).value
        import inputs.config._

        val s = streams.value
        val logger = s.log
        val cacheDir = s.cacheDirectory

        // Discover classpaths

        def cpToString(cp: Seq[File]) =
          cp.map(_.getAbsolutePath).mkString(java.io.File.pathSeparator)

        val compilerCp = inputs.compilers.scalac.scalaInstance.allJars
        val cpStr = cpToString(classpath)

        // List all my dependencies (recompile if any of these changes)

        val allMyDependencies = classpath filterNot (_ == classesDirectory) flatMap { cpFile =>
          if (cpFile.isDirectory) (cpFile ** "*.class").get
          else Seq(cpFile)
        }

        // Compile

        val cachedCompile = FileFunction.cached(cacheDir / "compile",
            FilesInfo.lastModified, FilesInfo.exists) { dependencies =>

          logger.info(
              "Compiling %d Scala sources to %s..." format (
              sources.size, classesDirectory))

          if (classesDirectory.exists)
            IO.delete(classesDirectory)
          IO.createDirectory(classesDirectory)

          val sourcesArgs = sources.map(_.getAbsolutePath()).toList

          /* run.run() below in doCompileJS() will emit a call to its
           * logger.info("Running scala.tools.nsc.scalajs.Main [...]")
           * which we do not want to see. We use this patched logger to
           * filter out that particular message.
           */
          val patchedLogger = new Logger {
            def log(level: Level.Value, message: => String) = {
              val msg = message
              if (level != Level.Info ||
                  !msg.startsWith("Running scala.tools.nsc.Main"))
                logger.log(level, msg)
            }
            def success(message: => String) = logger.success(message)
            def trace(t: => Throwable) = logger.trace(t)
          }

          def doCompile(sourcesArgs: List[String]): Unit = {
            val run = (runner in compile).value
            val optErrorMsg = run.run("scala.tools.nsc.Main", compilerCp,
                "-cp" :: cpStr ::
                "-d" :: classesDirectory.getAbsolutePath() ::
                options ++:
                sourcesArgs,
                patchedLogger)
            optErrorMsg.foreach(errorMsg => throw new Exception(errorMsg))
          }

          /* Crude way of overcoming the Windows limitation on command line
           * length.
           */
          if ((fork in compile).value && isWindows &&
              (sourcesArgs.map(_.length).sum > 1536)) {
            IO.withTemporaryFile("sourcesargs", ".txt") { sourceListFile =>
              IO.writeLines(sourceListFile, sourcesArgs)
              doCompile(List("@"+sourceListFile.getAbsolutePath()))
            }
          } else {
            doCompile(sourcesArgs)
          }

          // Output is all files in classesDirectory
          (classesDirectory ** AllPassFilter).get.toSet
        }

        cachedCompile((sources ++ allMyDependencies).toSet)

        // We do not have dependency analysis when compiling externally
        sbt.inc.Analysis.Empty
      }
  )

  val scalaJSExternalCompileSettings = (
      inConfig(Compile)(scalaJSExternalCompileConfigSettings) ++
      inConfig(Test)(scalaJSExternalCompileConfigSettings)
  )

}


text:
Twin blasts hit southern Afghan city
Kandahar officials say three people killed in two attacks by suicide bombers.
Violence reached even Afghanistan's political elite when a former president was killed by a suicide bomber [Reuters]
A pair of suicide bombers have struck in Afghanistan's main southern city Kandahar, killing three people, officials said.
Assadullah Khalid, minister of border and tribal affairs and chief security co-ordinator for the south of the country, said he believed he was the target of the first attack which left two people dead.
But Afghanistan's interior ministry said there was no evidence the blast was aimed at Khalid.
"There was an explosion - a suicide bomber wearing explosives on his body detonated in an area where there was not an obvious target," an interior ministry spokesman told AFP.
Shortly afterwards in a different part of the city, a suicide bomber wearing an army uniform struck inside an army garrison.
"It was a suicide attack that killed one guard, the attacker as well as wounding two army soldiers," said General Abdul Hamid, commander of the army unit whose garrison was struck.
It is relatively easy to buy army uniforms from Afghan markets and there have been a string of attacks this year committed by attackers wearing them.