Clayton v. Liggett & Myers Tobacco Co.

This is the question for decision: Where legislative authority is given therefor, may the governing body of a city grant permission to the owner of buildings abutting on opposite sides of a street to construct an arcade over the street connecting the buildings for private purposes when such completed arcade (1) will not impair the rights of others to the use of light and air, and (2) “will not unreasonably interfere with the public easement of travel and transportation” ?

The court below, in dismissing the temporary restraining order, held in effect that, under such circumstances, the city had…