56 N.Y.S. 359 | N.Y. Sup. Ct. | 1898
The following facts are undisputed: The defendant took out and at the time of the occurrences hereinafter men
In addition to these facts it is claimed by defendant that this piazza was in whole or part upon state land, and by the petitioner that some of the liquor was drunk at the bar and not upon the piazza. I propose to consider the case upon the latter point, however, in the aspect most favorable to the defendant.
He urges that the piazza was not part of his premises and was not any “ outbuilding, yard, booth or garden appertaining thereto or connected therewith.” This contention, however, seems to call for altogether too narrow a construction of the statute. No reasoning can make it much plainer than the mere statement of the facts does, that this piazza was connected with, and used as, and was a part of defendant’s premises. If it was upon the state land removal thereof could perhaps be enforced, but until that was done, and certainly as against everybody except the state, proceeding in a lawful manner it was within the possession of and under the control of defendant. The fact that by Ms license, and without compensation, others were occasionally permitted to use it was not sufficient to destroy this proprietorship.
The prayer of the petition is, therefore, granted, with costs.
Petition granted, with costs.