132 Ky. 487 | Ky. Ct. App. | 1909
Opinion op the Court by
Reversing.
Sallie R. Alexander owns a bouse and lot in Louisville on Seventh street. She brought this action, against G-eorge Tebeau, etc., to enjoin them from fencing up an alley which she claimed back of her lot, and1 from operating on the lot of ground back of her house a baseball park, charging that the games would be so conducted as to greatly depreciate her property in value. The defendants filed a demurrer to the petition. -The court sustained the demurrer and1 dismissed' it. She appealed to this court. The court held’ that so much of the action as sought to enjoin the defendants- from fencing up- the alley was maintainable. Disposing of this part of the case, the court said: “They have no more right to fence up
In sustaining, the demurrer to the petition as amended, the court seems to have-rested his conclusion on the idea that this followed from the principles' stated in his former opinion, and that, so far as the injunction as to the use of the property was concerned, hi® ruling on the appeal was affirmed. But his ruling on the appeal was affirmed distinctly upon the ground) that the petition only disclosed a case of anticipated1 nuisance, the court expressly saying that if the ball park was permitted to become a nuisance, the civil law would furnish adequate relief to abate it. The petition as amended set forth an actually existing nuisance, not one that was feared as set out in
As to the alley, the facts are these: Mrs. W. H. Dulaney formerly owned a large body of land at this point. Her husband who managed her business for her laid off Florence Place, evidently with the purpose of having it built up for residence purposes, and he built for two of his daughters brick houses fronting on Florence Place. The one built for his daughter ’Mrs. Willis is that now owned by Mrs. Alexander.
Judgment reversed and cause remanded for further proceedings consistent herewith, as to the use of the premises for a baseball park, and! for a judgment as above indicated as to the fencing up of the alley,