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MARTS v. SUTTON

No. 12217.

275 N.W.2d 357 (1979)

Ralph MARTS and Eva Marts, Plaintiffs and Appellants, v. Billie SUTTON and Jimmy J. Thomas, Executor of the Estate of Gladys Sutton, Deceased, Defendants and Respondents.

Supreme Court of South Dakota.

Decided February 15, 1979.

Attorney(s) appearing for the Case

Gary Davis of Johnson, Johnson & Eklund, Gregory, for plaintiffs and appellants; Wally Eklund of Johnson, Johnson & Eklund, Gregory, on brief.

William F. Day of Day & Grossenburg, Winner, for defendants and respondents.

PER CURIAM.

Plaintiff-Appellants, Ralph and Eva Marts (Marts) brought this action against Billie Sutton and Gladys Sutton (Suttons) to recover for damages caused to the Marts' real and personal property by a March 19, 1975, prairie fire. After Gladys Sutton's death, her executor was substituted for her. The fire was alleged to have started in a garbage dump under the Suttons' control. The trial court granted the Suttons...

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