TURNER v. BURLINGTON NORTHERN SANTA FE R.R.

No. 02-35270.

338 F.3d 1058 (2003)

Howard TURNER; Mary Turner; Bill Oskowski; Marisa Oskowski, Plaintiffs-Appellees, v. BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2003.


Attorney(s) appearing for the Case

Jeff Hedger, Hedger Moyers, Billings, Montana, for the defendant-appellant.

Kurt M. Jackson, Hoyt & Blewett, Great Falls, Montana, for the plaintiffs-appellees.

Before: Donald P. Lay, Warren J. Ferguson, and Ronald M. Gould, Circuit Judges.


Argued and Submitted June 3, 2003 — Seattle, Washington.

OPINION

LAY, Circuit Judge.

Burlington Northern Santa Fe Railroad Company ("BNSF") appeals from a jury award granted to Howard and Mary Turner and Bill and Marisa Oskowski. The Turners and the Oskowskis filed a negligence action against BNSF after a range fire that started on BNSF's right-of-way destroyed their real and personal property. On appeal, BNSF makes two assertions of error...

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