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

Ring (D), a 77-year-old man with defective sight and hearing, was driving down a busy street. Roberts (P), 7, ran into the street from behind a buggy that was approaching D from the opposite direction. Even though D saw P, he did not stop. D, driving at a speed of five miles per hour, hit P. P sued to recover damages from being run over by D. The jury ruled for D. P appealed. D claims that the charge was without error and says that as a matter of law, he was not negligent. He claimed that P was contributorily negligent for running into the street. P claimed that D should have been able to stop since he was driving so slowly.

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