Central Market Co. v. City of Erie

Citations

• 44 Pa. Super. 191
• 1910 Pa. Super. LEXIS 149

Syllabus

<p>Municipalities — Police power — Markets—Regulation of markets — Ordinances.</p> <p>1. An ordinance of a municipality forbidding any person “to purchase or sell within or about any market or market places in the city, any fruit, butter .... or other provisions for the purpose of selling the same,” and imposing a money penalty for a violation of the ordinance, is an invalid exercise of the police power, and cannot be enforced.</p> <p>2. Where a municipality undertakes to enact an ordinance restricting the natural rights of its citizens to buy and sell commodities at such time, places, and under such terms as they may elect, such regulations must find a justification in some public necessity, such as the preservation of the public health, the protection of public morals, the promotion of easy traffic along the highways, etc.</p>