Amdor v. Cooney

The question presented is whether plaintiff is entitled to injunctive relief against the use of land adjoining his farm home for baseball games. Since about 1940 plaintiff has owned and occupied an eighty-acre farm one and one-fourth miles from the town of Carbon (1940 population three hundred eighty-three). His buildings face east near the southeast corner of the farm. There is a road along his east line and one along his south line. Across the north and south road east of plaintiff's farm is a farm occupied by defendant Cooney, owned by defendant Stone. In the southwest corner of that farm is a pasture of three acres used in season since the spring of 1946 for playing baseball. The diamond is near the southwest corner of the field, across the road from plaintiff's buildings. Home plate is about one hundred twenty-five feet from plaintiff's house. The gate to the ball park, if it can be called such, is in front of plaintiff's house.