Ness v. Independent School District

Plaintiff acquired his residence in Sioux City in 1913. Subsequently, defendant built a junior high school west of and adjacent to plaintiff’s home. Defendant maintains a playground south of plaintiff’s property. There is an alley between the two properties. Plaintiff’s residence is about 12 feet from his south line. The playground runs the full length of plaintiff’s lots and contains about two lots. The average number of children enrolled at the school is about 1,100. Plaintiff’s complaint is that the students play baseball on the playground with the consent, encouragement and supervision of…