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MISSOURI-KANSAS-TEXAS RAILROAD CO. v. WHITAKER

No. 17364.

489 S.W.2d 348 (1972)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY et al., Appellants, v. Ben M. WHITAKER, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 19, 1973.

Attorney(s) appearing for the Case

Fillmore, Parish, Martin, Kramer & Fillmore, and Elmer H. Parish, Wichita Falls, for appellants.

Fillmore, Lambert, Farabee & Purtle, and Clyde Fillmore, Wichita Falls, for appellee.

OPINION

MASSEY, Chief Justice.

Judgment was rendered for plaintiff landowner (lessee), in his suit against the defendant railroads, for damages resultant from a fire set by defendants which spread to and damaged a portion of his land.

Affirmed.

As the case is resolved before us it may be viewed as one wherein there remains no question but that the railroad companies are liable for compensatory damages in the

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