Cumberland Telephone & Telegraph Co. v. Peacher Mill Co.

This is an action by the Mill Company against the Telephone Company to recover damages for the alleged negligent burning of the Mill Company’s store-house and the stock of merchandise contained therein. The suit has been twice before tried; the first trial resulting in a failure of the jury to agree on a verdict, the second resulting in a verdict for the Telephone Company, and the last in a verdict in favor of the Mill Company, *376on which, the court rendered judgment. An appeal was prayed to the court of civil appeals, and that court affirmed the judgment of the lower court.

The sole assignment…