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City of Buffalo v. Whitmier & Filbrick Co.

129 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1911-05-24 English

Contents
p. 1116
CITY OF BUFFALO, Appellant, v. WHITMIER & FILBRICK CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 24, 1911.)

Headnote

Action by the City of Buffalo against the Whitmier & Filbriek Company.

Judgment affirmed, with costs, on the authority of City of Buffalo v. Thomas Cusack Co. (decided March 8, 1911) 128 N. Y. Supp. 1118 . Held, that the ordinance in question does not apply to billboards erected prior to the passage of the ordinance.

concurs, on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.