
    CITY OF BUFFALO, Appellant, v. WHITMIER & FILBRICK CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 24, 1911.)
    Action by the City of Buffalo against the Whitmier & Filbriek Company.
   PER CURIAM.

Judgment affirmed, with costs, on the authority of City of Buffalo v. Thomas Cusack Co. (decided March 8, 1911) 128 N. Y. Supp. 1118. Held, that the ordinance in question does not apply to billboards erected prior to the passage of the ordinance.

McLENNAN, P. j.,

concurs, on the further ground that there is no evidence tending to prove that the billboards in question were a common nuisance.  