SIMPSON, Justice.
The appeal is from a decree sustaining demurrer to the bill as amended, seeking to enjoin the Park and Recreation Board of the City of Birmingham from the development of a portion of McLendon (a city) Park by establishing thereon a baseball diamond, for the purpose of playing night hard baseball games, as a private nuisance.
The trial court sustained the demurrer and dismissed the bill, and to sustain the decree it is contended by appellees...
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