In re Lewis
New York Supreme Court
The petitioners are citizens of the county of Lewis wherein said Pilchen is conducting a traffic in liquors under a certificate issued to him by the county treasurer of said county. The application to have the certificate canceled is based mainly upon the ground that the building wherein the traffic is being carried on is within the prohibited distance of another building used as a schoolhouse.
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The petitioners are citizens of the county of Lewis wherein said Pilchen is conducting a traffic in liquors under a certificate issued to him by the county treasurer of said county. The application to have the certificate canceled is based mainly upon the ground that the building wherein the traffic is being carried on is within the prohibited distance of another building used as a schoolhouse. In answer and defense to the application upon said ground the question is presented whether the traffic in liquors was so carried on in said building upon March 23, 18961, and has been since as to…
1Opinion of the CourtHiscock, J.
The facts upon this application are substantially undisputed. The building wherein the traffic in liquors under the ceirtificate in question is being carried on is and has been used and occupied as a hotel. The building is situated at the intersection of two roads. Upon one of these roads is a schoolhouse. There is an entrance upon the side of the building towards the schoolhouse. Measured in a straight line the distance from said entrance to the nearest entrance to the schoolhouse is less than 200 feet. Measured in the only way by which a person could travel by the highway from the entrance…
2Cases cited4 opinions
- People ex rel. Clausen v. MurrayAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Bagley v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1898
- In re LymanAppellate Division of the Supreme Court of the State of New York · 1898
- In re LymanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Glastonbury Co. v. GilliesSupreme Court of Connecticut · 1988