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GRACE v. KUMALAA

No. 4324.

47 Haw. 281 (1963)

386 P.2d 872

ROBERT GRACE, A MINOR, BY ANTONE R. BURGO, HIS GUARDIAN AD LITEM, AND LAWRENCE R. HOLT, ADMINISTRATOR OF THE ESTATE OF LORRAINE GRACE BURGO, DECEASED v. CAROLINE KUMALAA.

Supreme Court of Hawaii.

November 18, 1963.

Attorney(s) appearing for the Case

Frank D. Padgett (Alexander C. Marrack with him on the briefs, Robertson, Castle & Anthony of counsel) for defendant-appellant.

David N. Ingman for plaintiffs-appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY LEWIS, J.

Plaintiff, Robert Grace, a first grader of the age of six years and eleven months, was injured when he fell as he was leaving defendant's station wagon in which he had ridden to school. He cut his right hand on a glass jar he was carrying. Defendant was held liable and on appeal contends, first, that there was insufficient evidence of negligence on her part to go to the jury, and

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