Belding banner. (Belding, Mich.) 1889-1918, 1914-07-08
DEFENDANTS ATTORNEY PRE-
SENTS FULL ARGUMENTS
AND AFFTDANITS.
LAWYER R. A. HAWLEY
DEFINES A NOISE
Base Ball May BE Played on Grounds
But Grand Stand for Present
il Prohibited

Monday afternoon to hear the case oI
c. c. Briggs and wife VS.. the People oi
Belding and the Belding Base Bal
association and to hear the Judges
decision in the grand stand wrangle
AT the close of the court session last
ing until eight-tbirty at night Judge
Davis took the case under considera-
ton and modified the restraining or
der or temporary injunction by allow
ing the privilege of playing bali on the
grounds until the case should be de-
cided He forbade the erecting Of a
grand stand until he had rendered his
decision.
In the case Briggs claims that the
playing of ball on the base ball
grounds is a nuisance and that patrons
of the game store their bicycles and
automobiles on his premises He fur
ther claims that foul and wild balls
are driven over into his yard and re-
claimed by boys who have no regard
for the destruction of his property,
and that his windows are liable to
breakage every time base ball is play
ed upon the grounds. The main COM
plant, however. is the noise accom-
panyins the ball game as made by the
spectators
In answer to the complaints the City
of Belding and the Belding Base Ball
association through their attorney
E. NJ. Davis, of Grand Rapids, present
ed the facts in the case as viewed by
the base ball management and the
city officials.
1t was urged by the defendants at
torney, Mr. Davis, that the complain .
ant, c. G. Briggs and wife, had filed no
opposition or taken any steps to
legally stop the playing of ball on the
grounds until about three weeks ago
when the subject of "a grand stand be-
came important, and in falling 10
make or raise any objection had ac-
quiesced to the playing of ball there.
lie urged that before the granting of
the plot of ground last year, by the
city. for a base ball park and athletic
field for a period of ten years, the land
was a wet, boggy marsh, and a pro-
moter of i'll health. He stated that
the city and Base Ball association had
gone to considerable expense and even
raised money by subscription, amount
ing in all to about $1,000, in order to
III III AilG iilul Slls vi dAll ~ cNiip NpiNNlh
it into the slightly place that it now
is.
The defendants further urged that
the crowds were not noisy beyond
usual ball game noises. and that the
games were played between the hours
of three and five o'clock in the after
noon, not at unseemly hours, and
never on Sundays. They stated that at
the time of building the fence the
question of a line had come up and
further that in order for the Base Ball
association to place the diamond in
the proper shape it had offered, and
the offer had been accepted, to grant
Briggs fourteen feet of frontage to
his lot facing Kenwood avenue, almost
the only hard ground in the plot, in
exchange for an equal number Of feet
al the rear of the lot and fronting on
State road The latter parcel of
ground was in the midst of the marsh
and required filing. The defendants
claimed that the erection of a grand
stand would eliminate to a large ex-
tent the frequency OF foul balls being
knocked over the fence and onto the
premises of the complainant, that the
building would be built with the ex-
ception of the east wall, away from
the premises and would tend to muffie
the noise and throw il To the west
ward They also claimed that the plans
for erection included high wire nets
extending above stand and forming
a hood out over the catcher's box in
manner that will stop the wild balls.
AS to the storing of bicycles and
automobiles on the premises of the
complainant the defendants conceded
that such things had been done at two
or three different times but inn
mediately upon finding that the prac-
tice was unpleasant or harmful to the
complainants had directed patrons of
the games to refrain from the prac-
tice and that the automobiles had
since been parked on the opposite side
of the street. They further claimed
that this Objectionable action of the
patrons was not taken at any time by
the direction of the Base Ball manage
ment and was not an act necessarily
attendant on the game at ALL De-
PENDANTS claimed that such acts might
be committed at any time by any out
slider and would be trespass by priv
ate individual and that the individual
would be privately liable for trespass,
and not the City of Belding or the
Base Ball association.
The testimony of Ex-Mayor Hall
was presented by the defendants at
torney i'm which the EX-Mayor assert
ed that the grounds had been granted
by the common council for athletic
purposes for a peroid Of ten years and
that when the question of line had
been brough up with the complain
ant. Mr.. Briggs, that complainant had
gladly agreed TO take the fourteen feet
frontage on Kenwood i'm exchange for
the equal amount of marsh and wet
land on the other extremity of the line
in question. Ex-Mayor Hall further
testified that Briggs, in conversation
with him and Alderman Clyde Knapp,
said that IL the Base Ball association
...1,,td not bufId grand stand to the