54 Pa. Super. 287 | Pa. Super. Ct. | 1913
Opinion by
This is an appeal from an order of the quarter sessions refusing the appellant’s, application for a brewer’s license. Our revisory jurisdiction in such cases does not extend to a review of the evidence given on the hearing. The determination of pure questions of fact rests exclusively in the court of quarter sessions, and from its decision thereof there is no appeal. The discretion vested in that court is a judicial discretion, to be exercised for legal reasons and in a judicial manner. When so exercised it is not réviewable. “The phrase ‘abuse of dis
The learned court assigned, as the reason for its refusal of the license, that the applicant, while holding a license which expired in June, 1912, made illegal sales of beer, and this conclusion was based on the court’s finding which we quote: “These depositions show that in March, April, and May, 1912, after the court’s action on the application for license, the applicant sold beer to its customers in Somerset, Stoyestown and elsewhere, and the purchaser paid the freight and drayage, but when the bills were collected by the applicant, a credit was allowed for this freight and drayage, thus making the deliveries in each instance at the place of destination instead of at the brewery.”
We do not disagree with the learned court in its declaration that, under the Act of July 30, 1897, P. L. 464, a brewer can only sell at the place wheré he is licensed, namely, at the brewery, and that sales made by him elsewhere are illegal. Thus, in Star Brewing Company’s License, 43 Pa. Superior Ct. 577, it was held that, where a brewing company having a license to sell beer only at its brewery in a certain borough, employs
Judgment reversed and a procedendo awarded.