Duson Ex Rel. Duson v. Midland County Independent School District

OPINION

WARD, Justice.

This appeal is from a summary judgment granted in favor of Midland County Independent School District as the Defendant in a common law negligence suit filed for the injuries suffered by a student when a swing she was using during school hours broke, We affirm.

Suit was brought by Doris Duson as next friend for her minor daughter, Sufronia Duson, for injuries the daughter sustained in April, 1978. Sufronia Duson was ten years old and was enrolled at the Anson-Jones Elementary School in Midland. It was alleged that while she was swinging on one of the School’s swings during…