MADDOX, Justice.
Plaintiff, Brett Weatherby, almost three years old at the time of his accident, broke his leg while playing on a swing-set in defendant's backyard. The trial court, after considering the pleadings, depositions and other evidence, granted the defendant's motion for summary judgment.
The facts, briefly, are as follows: On April 11, 1974, young Brett went with his mother and sister to his aunt's house. Plaintiff's aunt, Barbara Thompson, lived...
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