Detroit Base-Ball Club v. Deppert

The Detroit Base-Ball Club (club) (plaintiff) was a professional baseball team. The club played its home games at Recreation Park, which it enclosed with a high fence. The club generally charged fans a 50-cent admission fee to attend games. The club used the revenue from ticket sales to pay the majority of its approximately $3,000 in monthly expenses. Deppert (defendant) lived on a lot near Recreation Park, and he built a stand overlooking the field on his property. The club sued Deppert in equity, seeking an injunction requiring him to cease making his property available for fans to watch the club’s games. The club claimed that Deppert was diverting revenue from the club by charging a much lower admission fee to watch games from his stand. Deppert responded that Recreation Park’s high fence had damaged his property by blocking his unobstructed view and that he built the stand only to rectify this damage. Deppert further argued that (1) he did not charge an admission fee, but only sold refreshments; (2) he was frequently disturbed by players coming onto his land to pursue balls and by unruly attendees at Recreation Park, which regularly required him to call the police; (3) the stand passed all safety inspections; and (4) he was solvent and could pay any money judgment the club might win in an action at law. The trial court denied the requested injunction. The club appealed.