Merrill v. Central Maine Power Company

628 A.2d 1062 (1993)

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Nature of the Case

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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.