In re Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Erie County. Application of Mary J. Smith for a writ of mandamus to Charles Mosher and others, as Park Commissioners of the city of Buffalo, to compel the removal of obstructions across streets crossing a parkway. From a judgment sustaining a demurrer to the alternative writ, relator appeals.
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Appeal from Special Term, Erie County. Application of Mary J. Smith for a writ of mandamus to Charles Mosher and others, as Park Commissioners of the city of Buffalo, to compel the removal of obstructions across streets crossing a parkway. From a judgment sustaining a demurrer to the alternative writ, relator appeals. An alternative writ of mandamus was granted, requiring the respondents, the park commissioners of the city of Buffalo, to remove obstructions placed across Oak Grove avenue and Loring avenue, at their intersection with Humboldt Parkway, or to show cause why the same should not…
1Opinion of the CourtKruse, J.
The defendants, the park commissioners, by their de- - murrer admit the facts stated in the writ, but challenge the right of the relator to require them to remove the obstructions placed across Loring avenue and Oak Grove avenue, where they intersect Humboldt Parkway; their contention in that behalf, as I understand it, being that no legal highway was ever effected across the parkway at these points, and that in any event the park commissioners may at any time withdraw the consent heretofore given by their predecessors in office, and acted upon in opening- said avenues across said parkway,…
2Cases cited2 opinions
- Bork v. . City of BuffaloNew York Court of Appeals · 1891
- Holtz v. DiehlNew York Supreme Court · 1899