Phœnixville v. Eyrich

Citations

• 49 Pa. Super. 331
• 1912 Pa. Super. LEXIS 325

Syllabus

<p>Boroughs — Hawkers — Peddlers — License — Ordinance — Sale on street — Butchers.</p> <p>1. A borough ordinance which prohibits 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. In a proceeding to collect the penalty for the violation of such an ordinance, the case is for the jury, where it appears that the defendant, a butcher, not only sold meat from his shop, but also sent his wagon from house to house with 200 or 300 pounds of meat cut up into half pound parcels every day; that the persons to whom the parcels were delivered had asked him for credit; that such persons selected such quantity and kind of meat out of the wagon, and that then and only then was a charge made by the defendant in his book. Such a case is for the jury inasmuch as it depends upon the oral testimony of a large number of persons; and this is so although such testimony is uncontradicted.</p>