Jackson v. Downey

SIMPSON, Justice.

The appeal is from a decree sustaining demurrer to the bill as amended, seeking to enjoin the Park and Recreation Board of the City of Birmingham from the development of a portion of McLendon (a city) Park by establishing thereon a baseball diamond, for the purpose of playing night hard baseball games, as a private nuisance.

The trial court sustained the demurrer and dismissed the bill, and to sustain the decree it is contended by appellees that since the playing of night baseball is not a nuisance per se, injunction would not lie until the operation of the field begins and is…