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MISSOURI-KANSAS-TEXAS RAILROAD COMPANY v. GAGE

No. 17009.

438 S.W.2d 879 (1969)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant, v. Hardy L. GAGE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 21, 1969.

Attorney(s) appearing for the Case

Friberg & Parish, and Elmer H. Parish, Wichita Falls, for appellant.

Fillmore, Robinson, Lambert & Farabee, and David Smith, Wichita Falls, for appellee.

OPINION

LANGDON, Justice.

This is a suit for damages caused by a grass fire. Upon a jury finding that the defendant failed to confine the fire to its own right-of-way and permitted weeds and other combustibles to exist on its right-of-way, that each of such acts were negligence and a proximate cause, the court rendered judgment for the plaintiff. The jury found the value of the fence destroyed to be $262.70, the...

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