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SMITH v. EICHHEIM

No. 19216.

363 P.2d 185 (1961)

J. L. SMITH, Plaintiff in Error, v. Jean H. EICHHEIM and Richard O. Barnes, Defendants in Error.

Supreme Court of Colorado. In Department.

July 3, 1961.

Attorney(s) appearing for the Case

Clayton & Gilbert, David B. Emmert, Greeley, for plaintiff in error.

John W. O'Hagan, Karl R. Ahlborn, Greeley, for defendants in error.

FRANTZ, Justice.

Consolidated actions are before us on one writ of error. By separate actions Eichheim and Barnes sued Smith for damages resulting to their wheat crops from a fire alleged to have been caused by Smith in his operation of harvesting equipment. At the time, Smith was harvesting wheat for Eichheim, and the fire which started in Eichheim's field spread to the adjacent field owned by Barnes.

By amendments at various stages of the proceedings, the...

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