154 Pa. 348 | Pa. | 1893
Opinion by
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 market is derived from the municipality within whose limits the market is kept. In this state a market may be defined with practical accuracy as a place designated by the municipal authorities of a city or an incorporated town for the sale of articles necessary or convenient for the subsistence of men and domestic animals. A somewhat similar definition has been given by the courts in several of the states: Smith v. Newbern, 70 N. C. 18; Caldwell v. Alton, 33 111. 416. The market may be established on ground, or in a building, belonging to the municipal
Now the market, though it may be owned by private parties, and opened by municipal permission, is subject to the police control already described, and to the visitorial power of the municipal government. Sales may be regulated at any time. The regulations may be changed as circumstances or the public health m,ay require. The sale of some articles may be permitted at one time and prohibited at another. Special inspections may be made, and additional tests applied to ascertain the real quality of articles apparently suitable for sale. The business •of a market is thus seen to stand on somewhat different ground from the ordinary lines of business, and the owner’s control of a market house is less absolute than his control over his other real estate. The right to sell at a stall or stand in a market
The judgment of the court below is affirmed.