City of Brooklyn v. . Breslin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the County Court of Kings county, which affirmed a judgment in favor of plaintiff,. rendered by the police justice of the city of Brooklyn. This action was brought to recover a penalty fixed for the violation of an ordinance of the common council of said city.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the County Court of Kings county, which affirmed a judgment in favor of plaintiff,. rendered by the police justice of the city of Brooklyn. This action was brought to recover a penalty fixed for the violation of an ordinance of the common council of said city. The ordinance is as follows : Section 1. Ho person shall drive within the city of Brooklyn, for hire or wages, any cart, sled, truck, dray, wagon, or use any hand-cart or barrow for the transportation of any…
1Opinion of the Court
Lott, Ch. C.
The charter of the city of Brooklyn, which was in force when the acts of the defendants complained of transpired, declared that the legislative power of the said corporation should be vested in a mayor and board of aldermen, who together should form the common council, and that the common council should have power, within the said city, to make, establish, publish and modify, amend or repeal, ordinances, rules, regulations and by-laws for several different purposes particularly specified; and, among others, •“ to license and regulate cartmen, hack, cab, omnibus, stage and truck…
2Cited by33 opinions
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Cutsinger v. City of AtlantaSupreme Court of Georgia · 1914
- People Ex Rel. Doyle v. . AtwellNew York Court of Appeals · 1921
- Barton Trucking Corp. v. O'ConnellNew York Court of Appeals · 1959
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