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ANDERSON v. ETHINGTON

No. 13446.

651 P.2d 923 (1982)

103 Idaho 658

Herbert ANDERSON and Darlene Anderson, Plaintiffs, v. Eric ETHINGTON, Robert Ethington, Eldon Ethington, and Jane Roe Ethington, Defendants-Appellants, Defendants-Third Party Plaintiffs-Appellants, v. CITY OF HANSEN FIRE DEPARTMENT, Third Party Defendant-Respondent. Marybell HOWARD, Plaintiff, v. Eric ETHINGTON, Robert Ethington, Eldon Ethington, and Jane Roe Ethington, Defendants-Third Party Plaintiffs-Appellants, v. CITY OF HANSEN FIRE DEPARTMENT, Third Party Defendant-Respondent.

Supreme Court of Idaho.

September 29, 1982.

Attorney(s) appearing for the Case

Robert M. Tyler, Jr., of Elam, Burke, Evans, Boyd & Koontz, Boise, for appellants.

Frederick F. Plankey, of Plankey & Greenwood, Twin Falls, for plaintiff.

McFADDEN, Justice.

On May 21, 1976 appellants were burning weeds located in an irrigation ditch near the highway. A small fire broke out and ignited a shed and a tree. The fire burned out of control, the City of Hanson Fire Department was summoned and the fire was extinguished. The fire department left after which a second fire broke out at the nearby Towne Tavern. The original plaintiffs below alleged that the Towne Tavern fire was started by a burning ember from...

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