Cumberland Telephone & Telegraph Co. v. Smithwick

The substance of the declaration in this case was that the defendant below had stored in its building a large quantity of dynamite; that this building was located in a thickly settled part of the town (Lebanon) ; that it stood near a building occupied by plaintiff; that on a certain night in January, 1901,' a fire broke out in a building near to that occupied by defendant below, and near to that occupied by the plaintiff in error; that the inhabitants of the town were out in force for the. purpose of extinguishing the fire, with suitable apparatus for- the purpose, and would have succeeded in…