Legal Opinion

Gunning System v. City of Buffalo

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

Decided July 1, 1902PublishedCited by 14 opinions

Appeal by the plaintiff, The Gunning System, from a judgment of the Supreme Court in favor of the defendants, entered in the-office of the clerk of the county of Erie on the 3d day of October,. 1901, upon the decision of the court, rendered after a trial at the. Erie Special Term.

Read the full summary

Appeal by the plaintiff, The Gunning System, from a judgment of the Supreme Court in favor of the defendants, entered in the-office of the clerk of the county of Erie on the 3d day of October,. 1901, upon the decision of the court, rendered after a trial at the. Erie Special Term. The ordinance referred to in the opinion prohibits the erection of billboards more than seven feet in height, without the permission of the common council, and directs that any billboard erected contrary to its provisions shall be abated as a common nuisance.

1Opinion of the CourtWilliams, J.

The judgment appealed from should be affirmed, with costs.

The action was brought to restrain the city of Buffalo and its board of fire commissioners from tearing down and interfering with certain bill or advertising signboards, erected and about to be erected by the plaintiff in the city of Buffalo.

The case has been in this court before on appeal from an order denying an injunction pending the action. We then held the-injunction should be granted and the defendants restrained until the action was tried. (62 App. Div. 497.)

The trial has now been had, resulting in a judgment dismissing the…

2Cases cited3 opinions

  1. City of Rochester v. . WestNew York Court of Appeals · 1900
  2. City of Rochester v. WestAppellate Division of the Supreme Court of the State of New York · 1898
  3. Gunning System v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by14 opinions

  1. City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
  2. Varney & Green v. WilliamsCalifornia Supreme Court · 1909
  3. City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. Andrew B. Hendryx Co. v. City of New HavenSupreme Court of Connecticut · 1926
  5. Cream City Bill Posting Co. v. City of MilwaukeeWisconsin Supreme Court · 1914

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API