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P was a child of six years old returning from school to his home when he stepped from the curb and started to run diagonally across the street after allegedly looking to make sure it was safe to cross, when D's car hit P. P suffered severe and permanent injuries and the loss of an eye. D claims that she saw P too late and that P was contributorily negligent. The jury returned a verdict for D on the contributory negligence. P appealed.

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