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The city of Clarksville was about thirty miles distant from Fort Donelson, and the occupation of the city by Federal Forces was expected as the immediate result of the capitulation of the fort during the Civil War. On the 17th of February, 1862, Ds, citizens of the city of Clarksville, participated in the proceedings of a public meeting of the citizens called to determine measures for the protection of the people of said city in anticipation of an immediate invasion by the Federal forces. There was at the time in the hands of merchants and dealers in the city a large quantity of whisky and other spirituous liquors, which it was supposed would imperil the lives and property of the inhabitants if it should fall into the hands of the Federal soldiery, then flushed with victory and inflamed with the evil passions of civil war. There was at the time in the hands of merchants and dealers in the city a large quantity of whisky and other spirituous liquors, which it was supposed would imperil the lives and property of the inhabitants if it should fall into the hands of the Federal soldiery, then flushed with victory and inflamed with the evil passions of civil war. There was at the time in the hands of merchants and dealers in the city a large quantity of whisky and other spirituous liquors, which it was supposed would imperil the lives and property of the inhabitants if it should fall into the hands of the Federal soldiery, then flushed with victory and inflamed with the evil passions of civil war. P brought this action on the 9th of March, 1866, to recover the value of the liquors so destroyed. Several other suits by others whose inventory was destroyed as also pending. Ds made a special plea of public necessity, and this resulted in a verdict and judgment for the Ds. P appealed.

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