Robbins v. Great Northern Paper Co.

GLASSMAN, Justice,

with whom ROBERTS and HORNBY, JJ., join, dissenting.

I respectfully dissent. I agree with the court that no questions of fact exist as to whether Great Northern’s conduct was wilful or malicious or whether Robbins was engaged in a recreational activity at the time of his death. I cannot agree, however, that the $95 annual rental fee paid by Robbins to Great Northern for the lease of a lot and “the right to pass over other lands of the lessor in going to or from the leased land” does not constitute “consideration” within the meaning of section 159-A(4)(B).

The court’s reliance…