46 South 52nd Street Corp. v. Manlin

Concurring and Dissenting Opinion by

Mr. Justice Bell :

For reasons hereinafter set forth, I would reverse the decree of the Court below, without any qualifications or reservations.

Defendant Manlin is the absentee owner of a very large permanent newsstand which he erected and maintains on the sidewalk of plaintiffs’ private property. He asserts an exclusive monopolistic right to own, maintain and operate this newsstand (1) on the basis of public convenience and (2) under an ordinance of the City of Philadelphia, but principally (3) under the banner of “freedom of the press”. Plaintiffs filed a…