Alexander v. Tebeau

• Decision Date: 14 January 1903
• Parties: ALEXANDER et al. v. TEBEAU et al.
• Court: Kentucky Court of Appeals

71 S.W. 427

ALEXANDER et al. v. TEBEAU et al.

Court of Appeals of Kentucky.

January 14, 1903

Appeal from circuit court, Jefferson county, chancery division.

"Not to be officially reported."

Action by Sallie R. Alexander and another against George Tebeau and others. Judgment sustaining a demurrer to the petition, and plaintiffs appeal. Reversed.

M. J Holt, for appellants.

Barker & Sullivan and P. B. & Upton W. Muir, for appellees.

BURNAM C.J.

In this action the appellants, Sallie R. Alexander and Geo. H Alexander, sought to enjoin the appellees Geo. Tebeau and others, from opening a baseball park in Louisville, Ky. on Seventh street, between Florence and Kentucky streets. As a cause of action, they allege that the appellant Sallie R. Alexander owns a dwelling house immediately adjoining the park, and that the appellant George H. Alexander is her tenant; that the land on which it is proposed to operate a baseball park was subdivided many years since by its then owners, Margaret Dulaney and W. H. Dulaney into lots, for residence purposes, and that they sold and conveyed the lot on the northeast corner of the block to Albert Willis; that the boundary so conveyed called for Florence place on the north, and an alley 10 feet wide running entirely through the block from Seventh to Eighth street on the south, and that she in 1893 purchased the property from Willis; that her residence fronts on Florence place, and her coalhouse and stable on the 10-foot alley that the alley and street are necessary for the use and enjoyment of her property; that the defendants have set posts about 10 feet high across the alley, preparatory to closing it, and will fence in the greater portion thereof; that it is the purpose of the defendant Tebeau to conduct on the premises, leased by him from W. H. Dulaney for 10 years, games of baseball, both on Sunday and week days, between professional players of the American Association; that the game will draw together a large number of disorderly and noisy characters, who will interfere with the enjoyment and use of their property as a home, and render it unfit for residence purposes, thereby greatly depreciating its pecuniary value,--and ask that the defendant be enjoined from opening the ball park and closing the alley. The deeds from W. H. and Margaret Dulaney to Willis, and from Willis to appellant, are filed with the petition, and both call for the 10-foot alley in the rear of appellants' property. It is also alleged...