This section contains the nature of the case and procedural background.

Buch (P), an eight-year-old boy, trespassed into Amory Manufacturing Co.'s (D) mill. D told P to leave. However, P did not leave because he did not understand English. P's hand was crushed in a machine his brother, an employee of D's, was showing him how to use the machine. P sued for damages, claiming D had a duty to P and was negligent in not forcibly ejecting him. The trial court denied D's motion for a directed verdict. D appealed. The appellate court set aside the verdict for P and held for D.

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