ZIMMER v. STEPHENSON

No. 37432.

66 Wn.2d 477 (1965)

403 P.2d 343

FRED ZIMMER, Appellant, v. B.M. STEPHENSON, Respondent.

The Supreme Court of Washington, Department Two.

June 17, 1965.


Attorney(s) appearing for the Case

J.D. McMannis, for appellant.

Evans C. Bunker and F.L. Stotler, for respondent.


HAMILTON, J.

In the summer of 1959, plaintiff owned a field of ripe wheat immediately adjoining defendant's property. On the afternoon of July 23, 1959, a dry, hot day in Whitman County, when the wind was allegedly blowing toward plaintiff's land, defendant undertook to plow a fireguard upon and around his land with an industrial type D-6 Caterpillar tractor, a piece of equipment not particularly designed for farm work. During the course of defendant's operation,...

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