MR. JUSTICE O'CONNOR delivered the opinion of the court.
The questions involved in this appeal are presented in an agreed case pursuant to Supreme Court Rule 48 (ch. 110, sec. 259.48, Ill. Rev. Stat. 1951 [Jones Ill. Stats. Ann. 105.48]). The agreed statement of the case so far as material is as follows:
The plaintiff, a minor, sued, through his father as next friend for personal injuries received by him on October 4, 1950, while a student upon the playground...
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