Peace v. McAdoo
Appellate Division of the Supreme Court of the State of New York
Appeal by 'the defendant, William McAdoo, as police commissioner of the city of New York, from an interlocutory judgment of the' Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the .12th day of May, 1905,'■ Upon the decision of the. court rendered after a trial at the Kings ■ County Special Term.
1Opinion of the Court
Jenks, J.:
On Hovember 26, 1904, the police commissioner of 'the city of-Hew York made certain general rulés for street traffic, which in part prohibited generally the passage of vehicles in parts of certain streets. The Special Term has entered-an interlocutory judgment on. demurrer, which declares that such part of the rules is null and void.. This is an -appeal by the police commissioner from that.judgment.
Such rule is in exercise of the police power which primarily is lodged in -the State itself (New Orleans Gas Co. v. Louisiana Light Co., 115 U. S. 650), and which is expressed by…
2Cases cited13 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The People v. . KerrNew York Court of Appeals · 1863
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Smith v. McDowellIllinois Supreme Court · 1893
- Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880
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3Cited by24 opinions
- Cherubino v. MeenanNew York Court of Appeals · 1930
- Red Star Motor Drivers' Ass'n v. City of DetroitMichigan Supreme Court · 1926
- People ex rel. Cavanagh v. WaldoNew York Supreme Court · 1911
- Fifth Avenue Coach Co. v. City of New YorkNew York Supreme Court · 1908
- Rouse v. O'ConnellNew York Supreme Court · 1974
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