Jenkins v. Pennsylvania Railroad

*332The opinion of the court was delivered by

Pitney, J.

This was an action of tort. The gist of the

plaintiffs declaration was that the defendant, in the operation of its railroad, negligently, unskillfully and unnecessarily caused dense smoke and noxious, penetrating and discoloring vapors and offensive odors, in greater quantities than were required for the legitimate and proper use and operation of the railroad, to arise and ascend near to, through and about the plaintiff’s dwelling-house, situate near the railroad, thereby rendering the house uncomfortable and unhealthy and unfit for…