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

D, a minor, placed a firecracker in the left sneaker of the another minor, P. P, who was then seven years old, sustained burn injuries. D, a minor, was somewhat older than P. P seeks recovery in this action solely on the theory that D was negligent. The judge instructed that P could recover only if D's act was not intentional or purposeful and was negligent. The jury found for P, but the judge granted D’s motion for judgment notwithstanding the verdict on the ground that the evidence showed intentional and not negligent conduct. P appealed.

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