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DUNCAN v. STATE HIGHWAY COMMISSION

No. 37442.

311 P.2d 203 (1957)

Blanche DUNCAN and Gerald Dykes, Plaintiffs in Error, v. The STATE HIGHWAY COMMISSION of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

May 7, 1957.

Attorney(s) appearing for the Case

Bierer & Moser, Guthrie, for plaintiffs in error.

Roland A. Walters, Jr., Edmond, LeRoy Powers, Oklahoma City, for defendant in error.

JOHNSON, Justice.

Parties herein occupy the same relative positions as in the trial court, and they will be referred to herein as they appeared in the trial court.

The facts in this case are that plaintiffs filed an action against the State Highway Commission to recover damages allegedly sustained through the negligence of highway employees in setting a fire by exhaust sparks of a diesel engine which destroyed or damaged their property. In order to enable...

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