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MORSE v. GODUTI

No. 99-592.

146 N.H. 697 (2001)

WILLIAM MORSE, ADMINISTRATOR OF THE ESTATE OF SAMUEL T. MORSE v. RICHARD A. GODUTI

Supreme Court of New Hampshire.

August 10, 2001.

Attorney(s) appearing for the Case

Douglas, Robinson, Leonard & Garvey, P.C., of Concord (Charles G. Douglas, III, and V. Richards Ward, Jr. on the brief, and Mr. Douglas orally), for the plaintiff.

Nelson, Kinder, Mosseau & Saturley, P.C., of Manchester (E. Tupper Kinder and Charles J. Keefe on the brief, and Mr. Kinder orally), for the defendant.

BARRY, J., superior court justice, specially assigned under RSA 490:3.

The plaintiff, William Morse, administrator of the Estate of Samuel T. Morse, appeals the Superior Court's (T. Nadeau, J.) grant of the motion of the defendant, Richard A. Goduti, for summary judgment. The court ruled as a matter of law that the defendant's erection of an artificial pond with deep slopes did not create an unreasonable risk of harm...

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