Legal Opinion

City of Watertown v. Rodenbaugh

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 10 opinions

Appeal by the defendant, Lillian Eodenbaugh, from a judgment of the County Court of Jefferson county in favor of the plaintiff, entered in the. office of the clerk of the co.unty of Jefferson on the 14-th day of July, 1905, affirming a judgment of the City Court of the city of Watertown rendered on the 7th .day of September, 1904, for the sum of ten dollars.

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Appeal by the defendant, Lillian Eodenbaugh, from a judgment of the County Court of Jefferson county in favor of the plaintiff, entered in the. office of the clerk of the co.unty of Jefferson on the 14-th day of July, 1905, affirming a judgment of the City Court of the city of Watertown rendered on the 7th .day of September, 1904, for the sum of ten dollars. The action- was brought to recover a penalty for violating; an ordinance Of the city of Watertown relating to billposting and advertising. • - '

1Opinion of the Court

Kruse, J.:

The ordinance for the violation of which the defendant was convicted provides:

“ Section 1. Wo person shall engage in the business of .bill posting, bill distributing, sign advertising of any kind, or in distributing sámple packages of merchandise, or in any other like method of advertising in this city, without license so to do granted by the common coUncik” - . . .

Sections .2 and 3" relate to the granting of the license and fixing 'the charges which the licensee may make for" the business-he is licensed to do. - ■ - .

Section 4 provides: “ Wothing in sections- one, two or three…

2Cases cited4 opinions

  1. City of Rochester v. . WestNew York Court of Appeals · 1900
  2. City of Buffalo v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1897
  3. Gunning System v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1902
  4. City of Buffalo v. ReaveyAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by10 opinions

  1. People v. FirthAppellate Division of the Supreme Court of the State of New York · 1913
  2. Schrager v. City of AlbanyNew York Supreme Court · 1950
  3. People v. BowenNew York Court of Special Session · 1958
  4. Olan Mills, Inc. v. City of Niagara FallsNew York Supreme Court · 1955
  5. Dodican v. SmithAppellate Division of the Supreme Court of the State of New York · 1927

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