Ordered that the judgment is affirmed, with costs.
The plaintiff was in the defendant's backyard with a mutual friend when he stepped on a nail protruding from a wooden board allegedly placed in the yard by the defendant. As the plaintiff attempted to dislodge his foot from the board, he somehow slipped and caught his right foot underneath the blade of a running lawn mower operated by the friend. As a result of the accident, the plaintiff severed four toes.
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