Legal Opinion

Matter of McIntosh v. . Johnson

New York Court of Appeals

Decided May 5, 1914PublishedCited by 16 opinions

Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 6, 1914, which affirmed an order of Special Term denying.a motion for a peremptory writ of mandamus to compel defendants to approve the petitioner’s application for a garage permit. The facts, so far as material, are stated in the opinion.

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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 6, 1914, which affirmed an order of Special Term denying.a motion for a peremptory writ of mandamus to compel defendants to approve the petitioner’s application for a garage permit. The facts, so far as material, are stated in the opinion. The ordinance refusing a permit for a garage when situated within fifty feet of a school, theatre or other place of public amusement or assembly is unreasonable and arbitrary and, therefore, unconstitutional and void. (Fisher v. Woods, 187…

1Opinion of the CourtCuddeback, J.

Chapter 899, Laws of 1911, authorized the municipal explosives commission of New York city to make regulations for “ the better prevention of fires.” The act also provided that such regulations when approved by the fire commissioner should constitute a chapter of the Code of Ordinances of the city. Violation of the ordinances is made a misdemeanor.

Pursuant to the statute the following regulations were duly adopted: •

“§ 366. It shall be unlawful for any person to store, house or keep within the City of New York any motor vehicle containing volatile' inflammable oil, except in a building, shed…

2Cases cited7 opinions

  1. Laurel Hill Cemetery v. City and County of San FranciscoSupreme Court of the United States · 1910
  2. Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
  3. Tenement House Department v. MoeschenNew York Court of Appeals · 1904
  4. Standard Oil Co. v. City of DanvilleIllinois Supreme Court · 1902
  5. Moeschen v. Tenement House Department of the New YorkSupreme Court of the United States · 1906

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3Cited by16 opinions

  1. Lombardo v. City of DallasTexas Supreme Court · 1934
  2. People v. MillerNew York Court of Appeals · 1952
  3. Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
  4. Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
  5. Pierce Oil Corp. v. City of HopeSupreme Court of Arkansas · 1917

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