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KANSAS CITY SOUTHERN RAILWAY COMPANY v. WHISNANT

No. 5-3598.

391 S.W.2d 17 (1965)

KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. Lloyd C. WHISNANT et al., Appellees.

Supreme Court of Arkansas.

June 7, 1965.

Attorney(s) appearing for the Case

Hardin, Barton Hardin & Jesson, Ft. Smith, for appellant.

Byron Goodson, DeQueen, Royce Weisenberger, Jr., Autrey & Goodson, Texarkana, for appellees.

McFADDIN, Justice.

This is a case involving damage by fire claimed to have been caused by the train of appellant; and the facts are similar to those in Kansas City Southern Ry. Co. v. Beaty et al, 239 Ark. 187, 388 S.W.2d 79.

The appellees, Whisnant and Parks, own lands north of the main track of the appellant, Kansas City Southern Railway Company in Sevier County, Arkansas. Some time after noon on October 30, 1963 one of...

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