Kimmons v. Benson

This is a suit by three residents of Fort Smith to enjoin the defendants from constructing a sixteen-lane bowling alley in the vicinity of the plaintiffs’ homes. The chancellor, finding that the operation of the bowling alley would be a nuisance at its proposed location, enjoined the erection of the building. For us the pivotal issue is whether the bowling alley will so surely constitute a nuisance that even its construction should be prohibited.

The property lies in Sunnymede Addition, which was platted in 1942. The addition, consisting of several acres, is bounded on the south by “0” Street,…