Phœnixville Borough v. Eyrich

Citations

• 42 Pa. Super. 241
• 1910 Pa. Super. LEXIS 321

Syllabus

<p>Boroughs — Hawkers and peddlers — License—Ordinance—Classification.</p> <p>1. A borough ordinance prohibiting any person without a license “to sell or offer for sale at retail upon the streets of the borough, or from house to house, any goods, wares or merchandise of any kind, or of any meat, fish, groceries, provisions, or foods of any kind, except milk,” is a valid exercise of the municipal power.</p> <p>2. The exception of milk in such an ordinance is not an improper classification.</p> <p>3. Where a butcher not only sells from his shop, but also sells from house to house, the payment of the mercantile tax for the business conducted at the shop, will not protect him from the penalty provided by a borough ordinance prohibiting any person from selling from house to house without a license.</p> <p>4. If the evidence is conflicting as to whether he merely makes deliveries with his wagon and takes orders, or whether he in fact sells from house to house, the case is for the jury.</p>