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

On the evening of October 24, 1969, P and D decided to rid P's bean field of predatory wild animals. Equipped with a headlight and a rifle they both ventured into P's bean field in D's pickup truck. They observed a deer and P seated himself in a cross-legged position upon a toolbox situated in the bed of the truck immediately to the rear of the cab. D then drove not more than fifteen to twenty miles per hour along the rows of the field which had been combined that afternoon by the P. P fired twice and missed and his weapon jammed. P got D's gun and the deer, which had been running parallel to the truck, veered toward the vehicle, motivating the D to suddenly increase the speed of the truck in an attempt to run over the deer. This, as well as a slight turn of the vehicle, caused P to fall from the toolbox to the ground, seriously injuring him. D denied having speeded up or in making any sharp turns. P got the verdict for $15,000, and D appealed.

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