Waters v. Blackshear

Blackshear (defendant), a minor, placed a firecracker in fellow minor Waters's (plaintiff) sneaker and lit it, causing burn injuries; Waters sued on a negligence theory, and the trial judge instructed the jury it could find for Waters only if Blackshear's act was unintentional, negligent conduct. The jury found for Waters, but the trial judge granted Blackshear's motion for judgment notwithstanding the verdict on the ground the evidence showed intentional conduct rather than negligence, and Waters sought direct appellate review.