Strickland v. Pennsylvania R. R.

Citations

• 154 Pa. 348
• 26 A. 431
• 1893 Pa. LEXIS 891

Syllabus

<p>Markets — Definition.</p> <p>A market is a place designated by the municipal authorities of a city or an incorporated town for the sale of articles necessary or convenient for the subsistence of men and domestic animals.</p> <p>Municipal control of markets — Interest in stall.</p> <p>A market,' though owned by private parties, and opened by municipal permission, is subject to the police control and to the visitorial power of the municipal government.</p> <p>The right to sell at a stall or stand in a market is to be exercised by the lessee of the stall or stand subject to all the qualifications and restrictions that the municipality may impose. The lessee has no such exclusive right to the possession of his stall as he might have to a store or a dwelling house rented to him. He has no right to the ground covered by his stall, as ground, and he has no estate in the building, or definite legal standing that will enable him to recover his stall by an action of ejectment if he should be wrongfully put out of possession.</p> <p>Railroad — Eminent domain — Stall in market.</p> <p>The lessee of a stall in a market has no such estate as will entitle Mm to damages from a railroad company which condemns the market house.</p>