Braun v. Iannotti

This is an action of trespass on the case to recover damages caused by smoke from the furnace in defendant’s greenhouse which is located near the plaintiff’s dwelling house. At the conclusion of the testimony the trial justice directed a verdict for the defendant on the ground that plaintiff had failed to produce evidence showing that the damage was the result of negligence of the defendant; and the case is before us on plaintiff’s exception to such direction.

Counsel for the defendant argued the motion for a directed verdict on the theory that the action was one of negligence. Counsel for the…