P and D were both students at a high school. While P was on his way home from school, D and others were engaged in what is called a 'rush' or 'horse game.' The practice of the game is to find some one in advance, when the others form in a line, each one in the rear pushing the one in advance of him, and so on through the line until the one to be 'rushed,' who knows nothing of what is coming, is rushed upon by the one in his rear, and pushed or rushed. P was going towards home on the sidewalk and was picked as the victim. D was in his immediate rear and engaged in the game. When pushed, D rushed upon P, striking him with his hands between the shoulders with such violence that P was thrown nearly to the ground. P lost his voice above a whisper and has never recovered its use. His neck was nearly fractured, and for several months, he was compelled to take medical treatment in Chicago. P suffered great pain and has not fully recovered. P sued to recover for the injuries. P got a judgment for $2,500. D appealed, claiming in part that it was a pure accident that the game was not dangerous and that the damages could not have been anticipated. D had no unlawful intent to injure P.

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