Legal Opinion
Matter of McCoy v. Apgar
New York Court of Appeals
Decided July 15, 1925PublishedCited by 14 opinions
1Opinion of the CourtLehman, J.
Pursuant to an ordinance passed by the village of Peekskill, the village authorities have permitted. the erection of several gasoline pumps upon the sidewalks of public streets or highways, at or near the curb line. A peremptory mandamus order has been issued to compel the removal of these pumps on the ground that they constitute unlawful encroachments or obstructions in the highways.
Licenses have been issued by the village authorities for the erection of these pumps. The village ordinance passed on April 27th, 1920, provides for such licenses. Similar pumps erected upon the sidewalks close…
2Cases cited5 opinions
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Kahabka v. SchwabAppellate Division of the Supreme Court of the State of New York · 1923
- Matter of Kahabka v. . SchwabNew York Court of Appeals · 1923
3Cited by14 opinions
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
- Blank v. BrowneAppellate Division of the Supreme Court of the State of New York · 1926
- Matter of Green v. MillerNew York Court of Appeals · 1928
- Decker v. GoddardAppellate Division of the Supreme Court of the State of New York · 1931
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