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P, a minor nearly 12 years old, was riding a bicycle northward on 29th Street just before the accident. He was 'ahead' in a bicycle race being engaged in between Bruce Johnson, also 11, and himself. D was driving his car eastwardly on Jackson at about 20-25 mph; he was driving in the lane nearest the right curb of Jackson. A hedge and slight embankment on the west side of 29th Street partially obstructed the views for travelers going north on 29th and east on Jackson. According to Bruce Johnson, P applied his brake as he approached Jackson Street, but skidded on some loose gravel, entered Jackson Street, turned eastwardly on Jackson, and started 'pumping' the bike down Jackson. Bruce expressed the opinion that P 'tried to outrun' D's approaching car. P was struck by D’s car. P sustained a fractured skull and brain injury in the collision; he was unable to recall the details of the accident with any degree of certainty. D was called to testify briefly on cross-examination and said that he did not see P before the impact. D's counsel elicited answers from P during trial in which P stated that he knew traffic was heavy along Jackson Street, that he should have stopped before entering Jackson, he should have looked to his left but did not think he had, and the accident would not have occurred if he had stopped and looked for traffic. The trial court directed a verdict for D, holding that there was no showing of D's negligence and P was guilty of contributory negligence as a matter of law. P appealed.

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