Hansen v. Independent School District No. 1

BUDGE, J.,

Dissenting. — In the opinion heretofore filed and now here for reconsideration upon petition for rehearing it is contended, and rightly so, that this court in effect held that the playing of night baseball was a nuisance per se. This conclusion appears well founded inasmuch as it appears that the result reached in the opinion does not take into consideration the fact that there was a sharp conflict in the testimony offered upon the trial.

That the game of baseball is not a nuisance per se is well settled. It is an innocent or legitimate amusement, and, like a legitimate business, to…