Schofield v. Merrill

The plaintiff’s amended complaint alleges that he was injured due to the negligence of the defendants “in the care, operation and maintenance” of land owned and controlled by them. The defendants filed a motion for summary judgment that was allowed on the basis of depositions of the plaintiff and of the defendant George L. Merrill. The uncontroverted material facts are that the plaintiff sustained bodily injury on the defendants’ land, where the *245plaintiff was an adult trespasser who was not helplessly trapped. The parties stipulated that the defendants’ conduct was not wilful, wanton and…