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POTTERTON v. PORTER

No. 86-1672.

810 F.2d 333 (1987)

Catherine T. POTTERTON and Eugene Potterton, Plaintiffs, Appellants, v. James Alan PORTER and Patricia Porter, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 4, 1987.

Attorney(s) appearing for the Case

Lindsay Preston Rand, with whom Nashawaty, Hayden & Rand, Braintree, Mass., was on brief, for plaintiffs, appellants.

Donald H. Jackson, Jr., with whom Williams, Jackson & Spero, Boston, Mass., was on brief, for defendants, appellees.

Before BOWNES, Circuit Judge, ROSENN, Senior Circuit Judge, and SELYA, Circuit Judge.

ROSENN, Senior Circuit Judge.

This appeal calls upon us to decide a subtle question concerning the circumstances under which a social guest may recover from her host for personal injuries caused by a defect on the premises which was known to the defendants but not to the plaintiff. The district court granted the defendants' motion for summary judgment, holding that even if the carpeting on which the plaintiff tripped was a concealed danger, there was no evidence that...

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