Davis v. Horne Lumber Co.

McCALEB, Justice.

The original plaintiffs in this suit, J. T. Davis and Mrs. Mary Armstrong, were co-owners of a dwelling which was des stroyed by fire on December 12, 1945. Claiming that the fire was caused by sparks emitted from smokestacks of a sawmill owned and operated by a partnership doing business under the name of Horne Lumber Company, plaintiffs demanded from said partnership and its individual members compensatory damages for the loss of the residence and personal property therein contained and also for the mental anguish, physical pain and discomfort sustained by them individually.

T…