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

Lynch (P) was a subnormal adult of twenty-two years old with an I.Q of 65. P was classified as a low moron. P had lived with Rosenthal (D) for seven years. D told Lynch (P) to walk between a corn picker and pick up the loose ears. D did not warn P of the danger involved in doing this act, but P knew that it was dangerous to get too close to moving machinery. P fell into the picker, injuring his arm. The jury found for P. D then pleaded and submitted the issue of P's contributory negligence.

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