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BOLTON v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

No. 23841.

373 S.W.2d 169 (1963)

Earl D. BOLTON and Rosalie M. Bolton, Plaintiffs-Respondents, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

December 2, 1963.

Attorney(s) appearing for the Case

Poague, Brock & Wall, Barkley M. Brock, Julius F. Wall, Clinton, for appellant.

James B. Wilson, Windsor, for respondents.

MAUGHMER, Commissioner.

Plaintiffs, Earl D. and Rosalie M. Bolton, husband and wife, had the verdict and judgment in the amount of $1895 for damages to improved pasture and fencing on their 93 acre farm located in Pettis County, Missouri, from fire allegedly caused by defendant Missouri-Kansas-Texas Railroad Corporation. The defendant has appealed.

The amended petition on which plaintiffs went to trial was in three counts. It was alleged in Count 1 that on...

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