City of Milwaukee v. Childs Co.

Sec. 789.1 of the ordinances of the city of Milwaukee provides:

“It shall be unlawful for any person, within the limits of the city of Milwaukee, to sell milk in any way whatsoever for consumption on the premises where sold, excepting in original containers well capped or sealed, served intact in such container or opened in the presence of the person served, and containing only the quantity of milk intended for use of the person served, and all milk so served shall, in every instance, be bottled either at a dairy or milk plant.”

The defendant operates a restaurant in the city of Milwaukee. He…