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WINSLOW v. MAHFUZ

No. 5139.

105 N.H. 114 (1963)

DONALD R. WINSLOW, JR. & a v. FRED H. MAHFUZ & a.

Supreme Court of New Hampshire.

Decided September 30, 1963.

Attorney(s) appearing for the Case

Jerome L. Silverstein and Charles F. Keeley (Mr. Keeley orally), for the plaintiffs.

Devine, Millimet, McDonough, Stahl & Branch and John S. Holland (Mr. Holland orally), for the defendant Cantara.

Sheehan, Phinney, Bass, Green & Bergevin and Kimon S. Zachos (Mr. Zachos orally), for the defendant Mahfuz.

DUNCAN, J.

The defendants deny liability to the plaintiffs upon the ground that Donald was a trespasser upon the roof from which he fell, and that no active intervention on their part contributed to cause the accident. Labore v. Company, 101 N.H. 123, 125. The plaintiffs assert that Donald was an invitee, or at the least a licensee whom the defendants had a duty to warn of risks of which they knew and which he was not...

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