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INSURANCE COMPANY OF NORTH AMERICA v. SHEINBEIN

No. 43283.

488 P.2d 1273 (1971)

INSURANCE COMPANY OF NORTH AMERICA, a corporation, Plaintiff in Error, v. Isadore SHEINBEIN and Gloria G. Sheinbein, husband and wife, Defendants in Error.

Supreme Court of Oklahoma.

September 14, 1971.

Attorney(s) appearing for the Case

Robert J. Petrick, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, for plaintiff in error.

Kenneth R. Webster, Duvall, Head, McKinney & Travis, Oklahoma City, for defendants in error.

McINERNEY, Justice.

The only question necessary for us to decide on this appeal is whether the intentional lighting of a grass fire on a residential lawn results instruct liability for damages caused by a non-negligent loss of control of the fire.

In March, 1967, Gloria G. Sheinbein, defendant, started a grass fire on the lawn of her home to burn the old grass and weeds...

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