THAYER v. SILKER

No. 38,987.

267 Minn. 268 (1964)

126 N.W. (2d) 263

VIRGINIA THAYER AND ANOTHER v. KENNETH C. SILKER AND ANOTHER.

Supreme Court of Minnesota.

February 7, 1964.


Attorney(s) appearing for the Case

Swan, Mattson, Pougiales & Samels and Stephen C. Samels, for appellants.

Gallagher, Farrish & Zimmerman, Miles B. Zimmerman, and James H. Manahan, for respondents.


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

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