People ex rel. O'Reilly v. Mayor

Daniels, J.—

The application in this case is for a writ of peremptory mandamus requiring the removal of obstructions in Forty-second street, between Eighth and Ninth avenues.

The. applicant is a physician having his residence and office at 303 West Forty-second street, which is about ■ seventy-five feet west of the Eighth avenue; and since the 6th of June, 1879, vendors of various articles have occupied this portion of Forty-second street from 6 o’clock until 12 in the evening, with horses, wagons, merchandise, and assistants, for the purpose of selling their property. It appears by the…