77 N.Y.S. 987 | N.Y. App. Div. | 1902
The judgment appealed from should be affirmed, with costs.
The action was brought to restrain the city of Buffalo and its board of fire commissioners from tearing down and interfering with certain bill or advertising signboards, erected and about to be erected by the plaintiff in the city of Buffalo.
The case has been in this court before on appeal from an order denying an injunction pending the action. We then held the-injunction should be granted and the defendants restrained until the action was tried. (62 App. Div. 497.)
The trial has now been had, resulting in a judgment dismissing the complaint and dissolving the injunction, and it is from that
We' do not deem it necessary to enter into an extended review of the evidence or consideration of the law, in view of the decision of this court and the Court of Appeals in the case of City of Rochester v. West (29 App. Div. 125; affd., 164 N. Y. 510). It was there held that the Legislature had power to authorize the city to pass a similar ordinance, that the charter authorized the adoption of the ■ordinance, and that it should be enforced/' In that case the charter ■expressly authorized the passage of such an ordinance. We think like authority, though not in express terms, was given to the city of Buffalo by its charter. ■
In the Rochester-West case the court, said that the obvious purpose of the Legislature was to allow the city of Rochester to provide for the welfare and safety of the community in the municipality, •and that the ordinance there in question was within such purpose.
In this case the charter of Buffalo (Laws of 1891, chap. 105j § 17, Bubd. 11) expressly authorized it to enact such ordinances as should be deemed expedient for the good government of the city and the preservation of peace and good order. These expressions are quite ■similar to the welfare and safety of the community. The court very properly held that authority was given the city to adopt the ordinance in question by the provision of the charter.
We regard the Rochester-West case as decisive of the questions involved in this case, and as requiring an affirmance of this judgment.
Adams, P. J., McLennan, Spring and Hisoook, JJ., concurred.
J udgment affirmed, with costs.