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ATCHISON, TOPEKA & SANTA FE RAILWAY CO. v. PARMER

No. 12048.

496 S.W.2d 241 (1973)

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Appellants, v. Forrest Dale PARMER et al., Appellees.

Court of Civil Appeals of Texas, Austin.

June 6, 1973.

Attorney(s) appearing for the Case

Joe Bruce Cunningham, Hudson, Keltner, Smith & Cunningham, Fort Worth, Hammett, Hammett & Cavness, Lampasas, for appellants.

Charles W. Lynch, Lynch, Nored, Martin & Millican, Lampasas, for appellees.

PHILLIPS, Chief Justice.

Appellees,1 the plaintiffs in the trial court, brought suit for damages in tort against appellant Railroad alleging that the Railroad permitted large quantities of dry grass, weeds and brush to grow and accumulate on its right of way adjoining the property owned and occupied by appellees; that the locomotives and freight cars had deteriorated to a point where sparks and fire were emitted therefrom causing the dry...

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