MERRILL V. CENTRAL MAINE POWER COMPANY 628 A.2d 1062 (1993) CASE BRIEF

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:





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