Strickland v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 247, .Jan T., 1893, by plaintiff, John T. Strickland, from judgment of C. P. No. 2, Phila. Co., June T., 1892, No. 173, for defendant on demurrer. Trespass for depriving plaintiff of use of stall in market. Plaintiff averred in his statement that after 1871 the Central Market Company was the owner of a property at Seventeenth and Market streets, in the city of Philadelphia. Prior to Jan. 21,1881, appellant rented certain stalls in the market from year to year.
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Appeal, No. 247, .Jan T., 1893, by plaintiff, John T. Strickland, from judgment of C. P. No. 2, Phila. Co., June T., 1892, No. 173, for defendant on demurrer. Trespass for depriving plaintiff of use of stall in market. Plaintiff averred in his statement that after 1871 the Central Market Company was the owner of a property at Seventeenth and Market streets, in the city of Philadelphia. Prior to Jan. 21,1881, appellant rented certain stalls in the market from year to year. On that date, in order to retain appellant as a tenant, the market company leased to appellant, his heirs, executors,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
What estate or interest has the lessee of a stall in a market house? This precise question does not seem to have arisen heretofore in this state, and it is not free from difficulty. The public sale of articles of food has been the subject of police regulation and control from the early days of the common law. The right to conduct such sales, or to open a place where sales might be conducted by others, was treated in Euglatid as a franchise held under the king, to be supported by express grant, or by prescription. In this country the right to open or conduct a…
2Cases cited4 opinions
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
- Wartman v. City of PhiladelphiaSupreme Court of Pennsylvania · 1859
- Church v. Wells's ExecutorsSupreme Court of Pennsylvania · 1855
- Woelpper v. City of PhiladelphiaSupreme Court of Pennsylvania · 1861
3Cited by10 opinions
- Sparrow v. Airport Parking Co. of AmericaSuperior Court of Pennsylvania · 1972
- Mason v. City of NashvilleTennessee Supreme Court · 1927
- Wallace v. Mayor of RenoNevada Supreme Court · 1903
- Thompson v. Commonwealth, Department of HighwaysSuperior Court of Pennsylvania · 1969
- York City v. HattererSuperior Court of Pennsylvania · 1911
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