Showing posts with label MERRILL V. CENTRAL MAINE POWER COMPANY 628 A.2d 1062 (1993). Show all posts
Showing posts with label MERRILL V. CENTRAL MAINE POWER COMPANY 628 A.2d 1062 (1993). Show all posts

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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