Cincinnati, N. O. & T. P. Ry. Co. v. Ball

KNAPPEN, Circuit Judge.

This writ is to review a judgment, upon verdict of jury, in favor of defendant in error (plaintiff below) against plaintiff in error (hereinafter called defendant), for negligent injuries alleged to have been suffered by plaintiff while a passenger upon defendant’s train, through the entry of an excessive and unusual volume of black and poisonous smoke and gases into the coach in which plaintiff was riding, while the train was passing through a long tunnel on a warm day in June. Defendant’s negligence was charged to consist in the failure of the firemah.'to use care to…