Baker v. Odom

Carleton Harris, Chief Justice.

Appellees, fifty-nine persons, 1 almost all of whom reside within one mile, most within a quarter or a half mile, of appellants’ dirt motorcycle racetrack, instituted this suit in equity, seeking to enjoin the operation of the track as a private nuisance. Appellants are Mary Baker and her son, Jim Bker, who own the land, and Phillip DuVall and Marion D. Caple, who have leased the property and have developed a motorcycle dirt track. After a hearing, the chancellor granted a temporary restraining order and subsequently on trial of the issues, permanently enjoined…