Missouri, K. T. Ry. Co. of v. Humphries

The charge that the standing of the engine in front of plaintiff’s house and permitting it to emit volumes of black, sooty, and poisonous smoke, was negligence, involves as an element thereof the assumption that such acts were not such as were usual an'd necessary in the proper conduct and performance of appellant’s business. In any event, the subsequent pleading made a specific issue of this element of negligence, and no harm resulted from the overruling of the exception.

We think the evidence of Mrs. Pyland, referred to in the second assignment, was inadmissible. Nussbaum & Scharff v. T. &…