Fifth Avenue Coach Co. v. City of New York
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts, which involve the validity of an ordinance of the city of New York prohibiting the display of advertisements under certain conditions, are stated in the opinion. Plaintiff in error possesses a vested property right to rent space for the display of advertisements upon its stages, which is incidental to the ownership of the stages. The doctrine of ultra vires has no application.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The facts, which involve the validity of an ordinance of the city of New York prohibiting the display of advertisements under certain conditions, are stated in the opinion. Plaintiff in error possesses a vested property right to rent space for the display of advertisements upon its stages, which is incidental to the ownership of the stages. The doctrine of ultra vires has no application. The renting of space to be used for the display of advertisements is a property right belonging to the plaintiff in error, incidental to its ownership of…
1Opinion of the CourtJustice McKenna
Plaintiff in error, which was also plaintiff in the court below, and we shall so refer to it, brought suit against the city in the Supreme Court of the County of New York. It alleged the following: It is a corporation duly formed and organized under the laws of the State of New York, and engaged in the operation of automobile stages upon routes extending along Fifth Avenue and other streets in the city of New York under and in pursuance of certain acts of the legislature of the State, having acquired, under various acts, all the property fights and franchises of the Fifth Avenue…
2Cited by57 opinions
- Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949
- Packard v. BantonSupreme Court of the United States · 1924
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- In Re PorterfieldCalifornia Supreme Court · 1946
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
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