Wilkinson, Gaddis & Co. v. Borough of Neptune City

Decision Date10 November 1913
PartiesWILKINSON, GADDIS & CO. v. BOROUGH OF NEPTUNE CITY.
CourtNew Jersey Supreme Court

Certiorari to Review a Conviction before a Justice of the Peace.

Certiorari by Wilkinson, Gaddis & Company to review a conviction before a Justice of the Peace for violation of an ordinance of the Borough of Neptune City. Conviction set aside and vacated.

Argued February term, 1913, before GUMMERE, C. J., and BERGEN and KALISCH, JJ.

Coult & Smith, of Newark, for prosecutor.

James D. Carton, of Asbury Park, for respondents.

GUMMERE, C. J. The writ in this case removes a conviction of the prosecutor, Wilkinson, Gaddis & Co., before a justice of the peace of the borough of Neptune City, in an action instituted in that borough against the prosecutor for the recovery of a line for a violation of section 2 of subdivision 2 of a borough ordinance approved June 7, 1905, which subdivision reads as follows: "For each and every express wagon, truck, or other vehicle, drawn by two horses, used or employed in the business of transferring or carrying baggage, articles of merchandise, or other articles or things, for hire, or for the soliciting or delivering of orders therefor, a license fee of $4; for each and every express wagon, truck or other vehicle, drawn by one horse, used or employed in said business, a license fee of $2; for each and every automobile, motor truck, motor car, or vehicle of like character, used or employed in such business, a license fee of $4." The ground of the conviction was that the prosecutor had violated this provision of the ordinance by delivering groceries to one of its customers, a resident of Neptune City, in furtherance of a sale made by it in Asbury Park to this customer; the delivery being made within the limits of the borough of Neptune City, in a wagon not licensed under the ordinance.

The validity of this conviction depends upon the solution of the question whether or not the borough council, at the time of the passage of the ordinance, had power to pass such a municipal regulation. It is asserted on behalf of the borough that such power was conferred by section 28 of the general act relating to boroughs passed in 1897, which authorizes borough councils "to license or regulate all vehicles used in any business or occupation for the purpose of soliciting orders or delivering goods within the limits of the borough." But this section of the borough act, we think, has been superceded by the first section...

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3 cases
  • Haviland v. Egan
    • United States
    • New Jersey Supreme Court
    • September 20, 1933
    ...Plainfield, 49 N. J. Law, 110, 7 A. 42, and numerous other cases. The principal may also be found in Wilkinson, Gadrtis & Co. v. Borough of Neptune City, 85 N. J. Law, 21, 88 A. 819 (ordinance requiring license fee for every wagon, truck, etc., used in the municipality, held invalid); and K......
  • Castles Ice Cream Co. of Perth Amboy v. Borough of Highlands
    • United States
    • New Jersey Supreme Court
    • April 19, 1929
    ...L. 1905, p. 360 (3 Comp. St. 1910, p. 3501, § 186), was considered by the Supreme Court in the case of Wilkinson, Gaddis & Co. v. Borough of Neptune City, 85 N. J. Law, 21, 88 A. 819, in this case, it was held that the borough councils were deprived of the power to impose license fees upon ......
  • Pub. Serv. Ry. Co. v. Bd. of Pub. Util. Com'rs
    • United States
    • New Jersey Supreme Court
    • November 10, 1913
    ... ... Company to comply with the municipal ordinances of the city of Perth Amboy requiring said Public Service Railway ... ...

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