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KIMMONS v. BENSON

No. 4-9740.

247 S.W.2d 468 (1952)

KIMMONS et al. v. BENSON et al.

Supreme Court of Arkansas.

March 31, 1952.

Attorney(s) appearing for the Case

Lem C. Bryan and Warner & Warner, all of Ft. Smith, for appellants.

Edgar E. Bethell, Ft. Smith, for appellees.

GEORGE ROSE SMITH, Justice.

This is a suit by three residents of Fort Smith to enjoin the defendants from constructing a sixteen-lane bowling alley in the vicinity of the plaintiffs' homes. The chancellor, finding that the operation of the bowling alley would be a nuisance at its proposed location, enjoined the erection of the building. For us the pivotal issue is whether the bowling alley will so surely constitute a nuisance that even its construction should be prohibited...

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