People v. Braun
New York County Courts
Appeal from a judgment of the Police Court of the city of Niagara Falls convicting the defendant of a violation of section 12 of article 4 of chapter 18 of the ordinances of said city, which reads as follows: “A vehicle overtaking a street car stopped to take up or set down passengers shall come to a full stqp at a distance at least ten feet from the point where passengers are being taken up or let down.”
1Opinion of the Court
Fish, J.:
The defendant while operating his automobile on one of the public streets of the city of Niagara Falls overtook a street car which had stopped to take up passengers and passed such car without stopping, in violation of the ordinance. It is claimed the local authorities had no power to enact the ordinance and that it is void as to motor vehicles on account of the provisions of the motor vehicles article of the Highway Law. The ordinance was adopted by the common council of the city of Niagara Falls on the 13th day of July, 1914, and it is important at the outset to ascertain just what…
2Cases cited1 opinion
- City of Buffalo v. . LewisNew York Court of Appeals · 1908
3Cited by4 opinions
- People v. President & Trustees of the OssiningAppellate Division of the Supreme Court of the State of New York · 1933
- People v. City of HornellAppellate Division of the Supreme Court of the State of New York · 1939
- People v. Yerman, New York County Courts1930
- McLain Dock & Stone Co. v. Incorporated Village of Port JeffersonNew York Supreme Court · 1969