New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-07-22
Motorist Wins Traffic
Case on Appeal.
Fighting ST Fine

.utOmODlle StanOlnB III IHc oN
my appreciable length Of time. no mat
Ter for what purpose" even though the
ar was attended by chauffeur and the
engine was running and no more than
I've or six automobiles passed through
he street in the space OF hfteen
minutes, has been reversed summary
w Judge wadhams in the Court Oh
General Sessions. Magistrate Houses
idea would have prevented any auto
mobile owner from permitting his car
20 remain for any length Of time az
all in front Of a residence, 8 ruling Oh
considerable Importance to loo,ooo
motor car owners in and about New
York City. Also il appears to make
illegal the stopping in any street Tor
needed repair work. even il to con-
tinue with a car so running might ruin
it.
This reversal, IL is reported, is the
first that Magistrate House has sus-
tanned since the Traffic Court was
opened. Perhaps this is because few
motor car owners go to the trouble
and expense of fighting for prin-
ciple. such as was done by VIVIAN
Green. of 2l5 West Ninety-eighth
Street. the owner of the car in ques-
ton. He spent several hundred dollars
lighting the case, after fine OF 81 was
imposed upon his chauffeur. Charles
pehn, on May 2. this year.
Mr.. Green, along with Max Raymond
of 517 West 18th Street. was in the
car that day. They drove uptown 10
take Mr.. Green's children to school,
The chauffeur told Mr.. Green the car
was running a little hot, and that 1t
would be we'll to stop to oil IT. MI.
Green and Mr.. Raymond left the car
10 90 TO a cigar store near by. The car
was stoned in front of 201 West 102d
Street. a vacant lot, Mr.. Green says.
when they came back they found
policeman, James ]. Bowden, OF the
Thirty-second Precinct, talking to the
chauffeur. The latter had the moor
board up and was putting oil In around
the hywheel. L..
Mr.. Green testified that the chauf-
feur told him the policeman sald ne
WAS violating the
work on the street. When the owner
asked lust what the law was the po-
Iceman answered in an insolent man.
ner. according to Mr.. Green. The po-
liceman himself testified he said:
"Tf you wait for a moment until !
serve this man with a summons, | Will
tell YOU the violation Of the law. l
don't wish TO be interrupted now. SO
he saws. 'Oh, I've got ali day to wait
and | says, IF you are car owner
YOU ought TO know what the violations
are and / says, IF you don't know it
YOU can 60 to the police station and
they will give you pamphlet contain
ing all the laws"
Passing up, anyway, the policeman's
words and manner, the summons was
served and the charge made was will
, fully obstructing traffic.
IN The policeman testified that he
asked the chauffeur why he was WORK
the driver told him because it was too
dark in the garage. Dehn denied this,
saving that when the policeman told
him he couldn't do anything to his car
in the streets he said he would move
on at once TO garage to do the work.
The policeman then asked him why
nc didn't take it there in the first
place, and he answered that it was
dark.
II appeared from the testimony that
the engine was running and the car
was ready to move away at once. The
policeman thus qualified as an expert
when questioned by Mr.. Green:
Q.-was the chauffeur ready TO move
that car at any momentf Ale was
not.
Q.-whst was there to keep him from
moving that car at any rnoment7 A.
pump in there.
Q.-Are you q chauffeur? Mo.
Q-That plate being off. that would
keep the car from being operatedE A
oDYou don't know anything about
the mechanism of a car A.-No, sir.
Q-How wide did you say this street
was? Al should judge about 20 or
o.NAnd you are a policeman in the
City of New York and you say the
streets are 25 feet wide? A.-Yes. about
that.
(Mr. Green asked this question be-
cause the street is about so feet wide. }
Mr.. Green continued:
Q.-And you say there were about how
many automobiles going along the street
during the timer About Ave or six.
Q-RnQ you say tnat automobile OBJ
structed traffic7 Al did not say that.
Q.-Was the automobile in the way Of
any traffic A.--Yes. in standing still
there 1t was in the way Of traffic.
After hearing Mr.. Green, the chauf.
feur and Mr.. Raymond all testify to
the manner of the policeman and the
willingness of the driver to move on,
which the policeman admitted in his
testimony, Magistrate House asked
Are you aware of the fact that you
have no right to have a car stand out
in front Of your premises?"
Mr.. Green asked: "But what are we
to do? | am sure il you have a car OF
your own
IL have no car" replied the msgis-
trate, "snd IL had would not use the
streets of the City of New York as a
garage"
Then the magistrate promulgated
this dictum: Although you may own
your own home you would not have the
right TO allow your automobile to stand
out in front of your house for any sp-
preciable length of time, no matter for
what purpose. II you do that you are
obstructing the streets of the city, and
even though you own the house the
minute you step outside Of the door
way and get out into the air then you
get where everybody else has as much
right as you have, and you have no
right over and above anybody else
And thereupon. although the police
man had testified that he did not say
the car was obstructing traffic. the
magistrate imposed fine Of 81.
Daniel 2. Stern, of Jellinek & Stern
conducted the case on appeal and OBJ
fsined the reversal