The advertising signs on plaintiff's coaches have no relation to their operation or to the physical comfort, convenience, or health of the passengers or the public, and are merely an incident to the use of the stages in the operation of the franchise belonging to it for the transportation of passengers.
It was concluded from the facts found that the advertisements were not a nuisance, could not be judicially condemned on esthetic grounds, that the health, safety, or comfort of passengers and the public are not injured by them, that plaintiff failed to prove that their display was a necessary incident to the operation of the stages, that, by its franchise, it did not acquire the right to display advertisements for hire, and that such display was ultra vires, being neither incidental to nor implied by the powers conferred by plaintiff's charter or bylaw. It was further concluded that the streets of New York could only be used for street purposes, and that the display of advertising signs by plaintiff was not a street use.
. . .
"It appears that the right to display garish advertisements in conspicuous places has become a source of large revenue. If the plaintiff can cover the whole or a large part of the exterior of its stages with advertisements for hire, delivery wagons engaged by the owners in their usual business or regular work can rightfully be covered with similar advertisements. Cars and vehicles of many descriptions, although not engaged exclusively in advertising, and thus not incumbering the street exclusively for advertising purposes, may be used for a similar purpose. The extent and detail of such advertisements, when left wholly within the control of those contracting therefor, would make such stages, wagons, or cars a parade or show for the display of advertisements which would clearly tend to produce congestion upon the streets upon which they were driven or propelled. The exaggerated and gaudy display of advertisements by the plaintiff is for the express purpose of attracting and claiming the attention of the people upon the streets through which the stages are propelled."
The court cited Commonwealth v. McCafferty, 145 Mass. 384, in which an ordinance was sustained which prohibited the placing or carrying on sidewalks, show boards, placards, or signs for the purpose of there displaying the same. It was said in this case that the tendency and effect of such signs might be to collect crowds, and thus interfere with the use of the sidewalks by the public, and lead to disorder, and that such a provision applicable to the crowded streets of a populous city was not unreasonable.
. . .
The distinction between business wagons and those used for advertising purposes has a proper relation to the purpose of the ordinance, and is not an illegal discrimination. The same comment may be made as to the charge that the ordinance discriminates between two classes of passenger carriers having charter rights to use the streets.
