Vosburg (P) and Putney (D) were sitting across from each other in school when D (11 years old) lightly kicked P (14 years old) just below the knee. P did not immediately feel the kick. A few days before this incident, P had hurt the same spot on his leg. His leg was in the process of healing. D's kick revivified the microbes, causing bone destruction. P later felt pain in the leg, the injury deteriorated, and eventually had to be operated on. P lost the use of his limb. P sued. Judgment was granted for P for an amount of $2800. D appealed, and the decision was reversed for error. A new trial was awarded. The case was again tried in the circuit court. P received a verdict for $2,500. D appealed from this judgment.

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