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2 Miles 323

Scattergood v. Waterman

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-07-06

THIS cause was tried before Stroud, J., and a jury. The action was brought to recover the price of defendant’s board at a tavern. The verdict was for the plaintiff, the judge reserving the point as to the liability of the defendant. Defendant moved for a new trial. On the hearing of the rule, referred to the 23d section off the act of 11th March, 1834, (Stroud’s Purd. lit. Inns and Taverns.)

Decided 1839-07-06

Per Curiam.—

¶1The language of the 23d section of the act of assembly is, that “ tavern reckonings as aforesaid,”-are not to be recovered. The previous sections of the act, to which we must refer the term. “ as aforesaid,” provide against debts for liquors, and debts contracted by apprentices, &c. to the effect that they are not recoverable. But as to the case before us, the 17th section applies, which is “ that every inn-keeper shall keep good entertainment for man and horse,” under a certain penalty. The plain meaning of this is, that the price of board at an inn or tavern, is not prohibited as to its recovery. The term “ board” includes the ordinary necessaries of life, and must be considered as being synonymous with the word “ entertainment,” in the act. The cases in 5 S. & R. 141, and 6 Watts 65, were determined on the provisions of the acts prior to that of the 11th March, 1834.

¶2Rule discharged.

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