People ex rel. Breckenridge v. Village of Ocean Beach

The following is the opinion delivered at Special Term:

Carswell, J.:

It does not clearly appear that the benches complained of are not a proper street use, nor does it appear that they in fact obstruct the street or boardwalk. The placing of benches upon the public streets for the use and convenience of the public has been accepted as a legitimate street use in cities, towns and villages for' centuries. The benches in question are not placed there as a matter of private use in a way that would necessarily interfere with the public user of the boardwalk. The petitioner confuses the presence of…