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THEATRE A NUISANCE
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The close proximity of the theatre to a church has also been held to constitute a nuisance.76 So, too, where patrons were continually trespassing on the adjacent owner’s property.77
(1888), 123 111. 348; 14 N. E. 677. Where the noise and commotion of a public resort reaches such a point as to interfere with the rights of the public, they will constitute a nuisance.
Commonwealth v. Cincinnati, etc., Rd. Co. (1908), 139 Ky. 429; 112 S. W. 613. An indictment ‘charging that defendant permitted the congregation of large numbers of persons at its public resort on and near a public highway, who made loud noises, and otherwise misbehaved themselves to the discomfort and annoyance of the inhabitants residing in the vicinity, sufficiently alleged acts constituting a nuisance.
See also: Cramer v. Klein (1908), 127 A. D. (N. Y.) 146; 111 N. Y. Supp. 469; Jung Brewing Co. v. Commonwealth (1906), 123 Ky. 507; 96 S. W. 595; Levin v. Goodwin (1906), 191 Mass. 341; 77 N. E. 718; Palestine v. Minor (1905), 86 S. W. (Ky.) 695; Town of Davis v. Davis (1895), 40 W. Va. 464; 215 S. E. 906; Schleuter v. Billingheimer , 9 Ohio Dec. (Repr.) 513; Paris v. Com
monwealth, 4 Ky. Law Rep. 597; Jenkins v. Jackson (Eng.) (1888),
40 Ch. D. 71.
76 Nahser v. City of Chicago (1915), 271 111. 288; 111 N. E. 119. Held that a motion picture theatre within 200 feet of a church constituted a nuisance.
Hamlin v. Bender (1915), 92 Misc. (N. Y.) 16; 155 N. Y. Supp. 963; aff’d 173 A. D. (N. Y.) 996. Where large crowds congregate about the entrance of a moving picture theatre to such an extent as to cause at times congestion of travel in front of the building and where those attending a church in the immediate vicinity of the theatre are called upon to pass and repass it, an injunction may be granted restraining the operation of the theatre, on Sundays, as a nuisance.
77 Cronin v. Bloewecke (1899), 58 N. J. Eq. 313; 63 Atl. 605. Defendants conducted baseball games at their park. A number of balls fell upon plaintiff’s premises and persons trespassed thereon to recover the balls. Injunction