Yowell v. Lebanon Water Works Co.

Opinion of the Court by

Hobson, Commissioner

Affirming.

W. B. Yowell owned a house in Lebanon. He brought this action against the Lebanon Waterworks Company to recover for the loss of his house by fire, alleging negligence in the water company in furnishing water to put out the fire. After the petition was filed, an agreed statement of facts was filed as a part of the petition. On these agreed facts the circuit court sustained the demurrer to the petition and dismissed it. The plaintiff appeals.

The agreed facts are these: The Lebanon Waterworks Company was incorporated under the special act of…