Windber Brewing Co. No. 2's License

Citations

• 54 Pa. Super. 287
• 1913 Pa. Super. LEXIS 57

Syllabus

<p>Liquor law — Brewing company — Selling without license — Sale at brewery or destination — Prepayment of freight — Refusal of license— Discretion of court.</p> <p>1. Where a brewing company delivers beer at places other than the brewery, and its customers pay the freight or drayage when the beer is delivered to them, the mere fact that the company when it collects its bills allows credit for such freight or drayage, is not in itself sufficient to convict the brewing company of selling liquor without a license; and if the court of quarter sessions refuses to renew the company’s. license on this ground alone, such refusal will be reversed by the appellate court, and the case remanded so that proper action may be taken by the court below under all the circumstances that may be developed. The appellate court will not of itself make an order directing the issuance of the license.</p> <p>2. The discretion vested in the court of quarter sessions to grant or refuse a liquor license is a judicial discretion, to be exercised for legal reasons, and in a judicial manner. When so exercised it is not reviewable; but where the court without willful abuse or intentional wrong, but through an honest or erroneous opinion as to the nature of its discretion, and as to the legal principles governing its exercise, refuses to grant a license, the appellate court will set aside the action of the lower court, and remit the matter to such court with direction to proceed according to the legal principles governing the judicial discretion committed to it..</p>