Legal Opinion

In re Rupp

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

Decided October 7, 1898PublishedCited by 3 opinions

Application for the removal of Charles A. Eupp and James E. ■Curtiss as police commissioners of the police board of the city of Buffalo.

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Application for the removal of Charles A. Eupp and James E. ■Curtiss as police commissioners of the police board of the city of Buffalo. June 7, 1898, Lodowick H. Jones, a citizen elector and taxpayer, and an owner of real property in the city of Buffalo, presented to the appellate division of the Fourth department of the supreme court a petition, as authorized by section 184 of the charter of Buffalo, setting forth that Charles A. Eupp and James E. Ourtiss were police commissioners of the city of Buffalo, and that they, together with the mayor of said city, constituted the board of police…

1Per curiam

It clearly appears from the record before us that during the spring and summer of 1897 and 1898, and before the filing of the petition herein, games of baseball were played in the usual manner at Franklin Square, a public place in the city of Buffalo, repeatedly on Sunday; that the police commissioners and police force under their control had knowledge of these facts, and did not suppress the ball playing or make arrests therefor, with a single exception, which will be noted hereafter. Large crowds attended these games as spectators, from whom an admission fee was collected. The petitioner…

2Cases cited2 opinions

  1. People v. . MosesNew York Court of Appeals · 1893
  2. Neuendorff v. . DuryeaNew York Court of Appeals · 1877

3Cited by3 opinions

  1. Chadwick Park Athletic Club v. PeasleyNew York Supreme Court · 1913
  2. In re RuppAppellate Division of the Supreme Court of the State of New York · 1900
  3. In re RuppAppellate Division of the Supreme Court of the State of New York · 1898

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