Burns v. Peoples Telephone & Telegraph Co.

Plaintiff sued the defendant in this case for damages for the destruction of shade trees alleged to have been done in the construction of one of defendant’s lines through plaintiff’s lot. It appears from the declaration that another suit had been brought by plaintiff against the defendant in the Chancery Court of Knox County to recover the same damages, which was dismissed by that court for lack of jurisdiction. The present suit was brought within twelve months of the dismissal of the suit in the chancery court.

These facts appearing from the declaration, the defendant demurred on the theory…