Mt. Carmel Borough v. Fisher
Superior Court of Pennsylvania
Appeal, No. 26, Oct. T., 1902, by-defendant, from judgment of C. P. Northumberland Co., Dec. T., 1901, No. 178, on verdict for plaintiff, in case of Mt. Carmel Borough v. Williams C. Fisher. Appeal from justice of the peace. Before Savidge, P. J. ' The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for 15.00. Defendant appealed. Error assigned was in directing verdict for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
But one question is raised by the two assignments of error, to *644wit, the validity of the borough ordinance, under which this action in assumpsit was brought. The court below directed a verdict for the plaintiff, and subsequently overruled a motion for a new trial. The defendant, who was a farmer, sold cabbage, sweet potatoes and radishes, the products of his own farm, from his wagon, on the public streets of the borough of Mt. Carmel on a day which, under the ordinance, was not a regular market day. The suit was brought before a justice of the peace for violating the…
2Cases cited10 opinions
- Commonwealth v. GardnerSchuylkill County Court of Quarter Sessions · 1890
- Borough of Warren v. GeerSupreme Court of Pennsylvania · 1887
- Chunk v. McGeeSupreme Court of Pennsylvania · 1876
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Commonwealth v. CurrySuperior Court of Pennsylvania · 1897
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3Cited by3 opinions
- York City v. HattererSuperior Court of Pennsylvania · 1911
- Central Market Co. v. City of ErieSuperior Court of Pennsylvania · 1910
- City of New Castle v. SullivanLawrence County Court of Quarter Sessions · 1939