MOTES v. MATTHEWS

85-598.

497 So.2d 1121 (1986)

Charles MOTES v. Billy J. MATTHEWS, et al.

Supreme Court of Alabama.

November 7, 1986.


Attorney(s) appearing for the Case

John Oliver Cameron, Montgomery, for appellant.

Henry C. Chappell, Jr., of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellees.


HOUSTON, Justice.

This is a father's suit for the wrongful death of his 12-year-old son, Gregory, which occurred on premises owned by defendants Billy J. Matthews and James E. Matthews, and which had been excavated by defendant Matthews Brothers Construction Company, Inc. The trial court granted the defendants' motion for summary judgment. The father appeals. We reverse and remand.

Our law provides that an occupier of land owes to trespassers only the duty...

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