Briscoe v. School District No. 123

Plaintiff, through his guardian ad litem, brought suit to recover damages for personal injuries sustained by him while engaged in playing an athletic game with fellow students upon the school grounds of the defendant school district. He alleged in his complaint that the defendant had been negligent, in that it had failed to provide proper supervision of group play in progress on the school premises during an afternoon recess period, and that such negligence was the proximate cause of the injury which he then and there sustained.

The defendant demurred to the complaint, and, upon stipulation of…