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Merrill v. Central Maine Power Co.

Maine Supreme Judicial Court
628 A.2d 1062 (1993)


Facts

Douglas Merrill (plaintiff), age 9, entered the property of Central Maine Power Company (CMP) (defendant) to fish in the Salmon Falls River. After catching an eel in the river Merrill walked to the nearby CMP electrical substation, climbed the surrounding fence, and attempted to cook the eel by placing it on a live electrical wire. Merrill received an electric shock and suffered severe burns. Merrill filed suit against CMP under the theory of attractive nuisance. The trial court granted summary judgment in favor of CMP after finding that Merrill knew and appreciated the risk at the time of the incident. Further, the trial court concluded that an electrical substation was not an attractive nuisance. Merrill appealed.

Rule of Law

Issue

Holding and Reasoning (Rudman, J.)

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