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LEUTENEKER v. FISHER

Docket No. 9216.

155 Cal.App.2d 33 (1957)

317 P.2d 143

CARL LEUTENEKER et al., Respondents, v. T.N. FISHER, Appellant. JOE W. RUESS et al., Respondents, v. THOMAS N. FISHER et al., Appellants.

Court of Appeals of California, Third District.

November 6, 1957.

Attorney(s) appearing for the Case

Price & Morony and Grayson Price for Appellants.

Jay Pfotenhauer and William J. Cassettari for Respondents.

WARNE, J. pro tem.*

Respondents brought separate actions to recover damages to their lands as a result of a "controlled burn" which had been ignited on appellants' land and escaped to the respondents' adjoining lands. The cases were consolidated for trial and tried by the court sitting without a jury. The trial court found that the respondents had suffered damage to their lands by reason of the negligence and carelessness of the appellants...

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