Nashville, Chattanooga & St. Louis Railway v. Heikens

delivered tlie opinion of tie Court.

This action was brought in the circuit court of Franklin county against the plaintiff in error to recover damages for the burning of a mill. The jury rendered a verdict in favor of the defendant in error for $5,000, and thereupon the plaintiff in error appealed, and has assigned errors as follows:

“First. There is no evidence in the record to support the verdict.

“Second. The court erred in declining to charge the jury, as requested by the defendant, as follows: ‘The plaintiff, to be entitled to recover in this case, must not only proye that the fire might…