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GILMOUR v. GREEN VILLAGE FIRE DEPARTMENT

2 N.J. Super. 393 (1949)

63 A.2d 918

FRED GILMOUR, PLAINTIFF, v. GREEN VILLAGE FIRE DEPARTMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided February 10, 1949.

Attorney(s) appearing for the Case

Messrs. Sterner and Kane, attorneys for plaintiff.

Mr. Howard F. Barrett, attorney for defendant.

KAYS, J.S.C.

The bill of complaint in this case was filed to enjoin a nuisance allegedly resulting from the playing of night baseball or softball on the land owned by the defendant by ball teams which are sponsored by the defendant.

Plaintiff, his wife and 9 year old daughter reside on the north side of Green Village Road in the Township of Chatham, Morris County, referred to as "Green Village". The land of the defendant is on the south side of said road approximately...

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