City of Buffalo v. New York Central Railroad

Crosby, J.:

The action was commenced in City Court to collect $250, being one day’s penalty for defendant’s alleged violation of what has been called on the argument and the briefs herein a “ smoke ordinance.”

The complaint alleges, among other things, “ that pursuant to the power vested in the city of Buffalo (plaintiff) by its charter and by the General City Law, there was duly enacted prior to the first day of January, 1922, and on that day and at all times hereinafter mentioned was in force in the city of Buffalo, the following Ordinance,” etc. The ordinance is then set forth in full. It…