SCHOFIELD v. MERRILL


386 Mass. 244 (1981)

435 N.E.2d 339

ALAN P. SCHOFIELD vs. GEORGE L. MERRILL & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 13, 1982.


Attorney(s) appearing for the Case

J. Sheffield Dow (Louis Fox with him) for the plaintiff.

Michael E. Mone (Patricia L. Kelly with him) for the defendants.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

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

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