Spiker v. Eikenbeery
Supreme Court of Iowa
Appeal from, Lucas District Court.— IIon. C. W. Vermillion, Judge. Action to enjoin the defendant, who is the owner of certain vacant lots in the city of Chariton, from allowing the premises to be used for the playing of baseball, and for public shows.
Read the full summary
Appeal from, Lucas District Court.— IIon. C. W. Vermillion, Judge. Action to enjoin the defendant, who is the owner of certain vacant lots in the city of Chariton, from allowing the premises to be used for the playing of baseball, and for public shows. The court decreed that defendant be enjoined “ from using said premises or knowingly,permitting the use thereof by others for the playing of baseball or other games of ball wherein the ball is thrown or batted,” and dismissed that portion of the petition, asking relief from the use of said grounds for shows. Defendant appeals.
1Opinion of the CourtMcClain, J.
It appears that defendant is the owner of the west six lots of the north half of an outlot in the city of Chariton, which outlot constitutes a subdivided block of said city, and that the Chicago, Burlington & Quincy Railroad Company is the owner of the east two lots, constituting the remainder of the north half of said outlot. Plaintiffs are the owners of lots in the south half of the block, which are occupied for residence purposes. The complaint made by plaintiffs is that defendant allows his lots to be used from time to time as a place for holding shows, games, and exhibitions, which…
2Cases cited6 opinions
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Gilbough v. West Side Amusement Co.New Jersey Court of Chancery · 1902
- Mahoney v. LibbeyMassachusetts Supreme Judicial Court · 1877
- Cronin v. BloemeckeNew Jersey Court of Chancery · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Amdor v. CooneySupreme Court of Iowa · 1950
- Maynard v. Carey Construction Co.Massachusetts Supreme Judicial Court · 1939
- Casteel v. Town of AftonSupreme Court of Iowa · 1939
- Ness v. Independent School DistrictSupreme Court of Iowa · 1941
2 more not listed; retrieve them via the Exa API.