Legal Opinion
Fifth Avenue Coach Co. v. City of New York
New York Supreme Court
Decided March 15, 1908PublishedCited by 7 opinions
Action for an injunction.
1Opinion of the CourtLevehtbitt, J.
—The plaintiff seeks to enjoin municipal interference with the advertising signs displayed on the exterior of its "stages, hut it fails to establish that clear legal right the existence of which is a condition indispensable to equitable relief.
•The defendant insists that the signs constitute a public nuisance. Although not bearing upon the ultimate disposition of the controversy, it may not be amiss to discuss this subject as a preliminary to the main questions presented.
Prior to July, 1907, the plaintiff operated along Fifth avenue stages propelled by horse power, and during that month…
2Cases cited34 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Bleistein v. Donaldson Lithographing Co.Supreme Court of the United States · 1903
- United States v. Gettysburg Electric Railway Co.Supreme Court of the United States · 1896
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
29 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
- American Ice Co. v. FitzhughCourt of Appeals of Maryland · 1916
- Edberg v. JohnsonSupreme Court of Minnesota · 1921
- City of New York v. Fifth Avenue Coach Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Pacific Railways Advertising Co. v. City of OaklandCalifornia Court of Appeal · 1929
2 more not listed; retrieve them via the Exa API.