Borough of Applewold v. Dosch

Citations

• 239 Pa. 479
• 86 A. 1070
• 1913 Pa. LEXIS 594

Syllabus

<p>Municipalities — License tax — Motor vehicles — Acts of April 22, 1889, P. L. 89, and April 27,1909, P. L. 265.</p> <p>1. The Act of April 27, 1909, P. L. 265, requiring state registration and license for motor vehicles, gives to the owner of motor vehicles so licensed rights equal with, but not greater than, those enjoyed by drivers of wagons, carriages and other vehicles upon the public highway, and when the owner of a motor vehicle licensed by the State engages in a particular kind of business for profit and conducts it in such a manner as to require additional police protection, necessitating an increase in public expenditures, the municipal authorities have the power to require the payment of a reasonable license fee for the privilege of employing the motor vehicle in such special business.</p> <p>2. Under the Act of April 22, 1889, P. L. 39, providing “That the town council of each borough now incorporated within this Commonwealth.____shall have the power to enact ordinances establishing reasonable”: rates of license tax on all hacks......and other vehicles used in carrying persons or property for pay......” a borough may establish by ordinance a schedule of rates to be charged upon vehicles used in carrying passengers for hire, and such rates may be enforced against the operator of motor vehicles licensed by the State under the Act of April 27, 1909, E. L. 265, where such vehicles are used for the purpose of carrying passengers for pay.</p> <p>Mr. Justice Moschzisker dissents.</p>