Torts · MBE-tested
City of Buffalo, Appellant, v. Whitmier and Filbrick Company, Respondent
145 A.D. 907·New York Supreme Court, Appellate Division·1911·NY
All concurred; McLennan, P. J., on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.
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Opinion
City of Buffalo, Appellant, v. Whitmier and Filbrick Company, Respondent.
[MAJORITY]
Judgment affirmed, with costs, on the authority of City of Buffalo v. Cusack Co. (143 App. Div. 957), decided March 8, 1911. Held, that the ordinance in question does not apply to billboards erected prior to the passage of the ordinance.
All concurred; McLennan, P. J., on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.