Thayer v. Silker

Otis, Justice.

Plaintiffs sue for personal injuries and consequential damages resulting from a fall into, a cistern located on defendants’ premises. From a summary judgment in favor of defendants, based on affidavits and depositions which raise no issues of fact, 1 plaintiffs appeal.

The property in question consists of a tract of land slightly less than 6 acres in area, located southwest of the intersection of U. S. Highway No. 63 and County Road No. 14, some 5 miles north of the city of Rochester. In the year 1958 the defendants placed on the property the framework of a prefabricated home…