Legal Opinion

Reading City v. Bitting

Supreme Court of Pennsylvania

Decided March 19, 1895No. Appeal, No. 215PublishedCited by 3 opinions

Appeal, No. 215, July T., 1894, by plaintiff, from judgment of C. P. Berks Co., April T., 1894, No. 147, for defendant on case stated. Case stated to determine the validity of a license tax upon a milk wagon.

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Appeal, No. 215, July T., 1894, by plaintiff, from judgment of C. P. Berks Co., April T., 1894, No. 147, for defendant on case stated. Case stated to determine the validity of a license tax upon a milk wagon. The case stated was as follows : “The city of Reading, by ordinance of councils of June 29, 1874, in conformity with the requirements of section 57 of an act of the general assembly of May 23, 1874, entitled “ An act dividing the cities of this state into three classes,” etc., accepted the provisions of the said act of May 23, A. D. 1874, and was duly chartered August 4,1874, as a city…

1Opinion of the Court

Per Curiam,

The ordinance under which the city seeks to collect a license *23for the defendant’s milk wagon does not profess to be an exercise of the police power for the regulation of the trade in milk. Its title is “ An ordinance authorizing and- providing for the levy and collection of license taxes within the city of Reading.” The authority is claimed under the act of May 23, 1889, which in art. 5, sec. 3, confers on cities of the third class the power to collect a license tax, inter alia, on “ drays, hacks, carriages, omnibuses, carts, wagons, street railway cars and other vehicles used in…

2Cited by3 opinions

  1. Titusville v. GahanSupreme Court of Pennsylvania · 1907
  2. Reading City v. MillerSuperior Court of Pennsylvania · 1910
  3. Sale of Farm Products in Municipalities, Pennsylvania Department of Justice1933

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