MERRILL V. CENTRAL MAINE POWER COMPANY
628 A.2d 1062 (1993)
NATURE OF THE CASE: Merrill (P), a minor child, appealed a summary judgment in favor of
Power (D) in P's action seeking damages for personal injuries allegedly caused by an
attractive nuisance located on the power company's property.
FACTS: P, then nine years of age, entered D's property to fish in the Salmon Falls River.
After catching an eel in the river, P walked to the nearby electrical sub-station, climbed
the surrounding fence, and attempted to cook the eel by leaning over the top of the fence
and placing the eel on a live electrical wire. P received an electric shock and suffered
severe burns. P sued under the attractive nuisance doctrine. D got a summary judgment in
that (1) P appreciated the risk at the time of the accident; (2) electrical sub-stations are
not, as a matter of law, attractive nuisances; and (3) D is immune from liability under the
recreational use statute. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment