City of Hammond v. New York, Chicago & St. Louis Railway Co.

— This is an appeal from a judgment against a municipal corporation, rendered in an action wherein the corporation sought to recover a penalty for the violation of one of its ordinances.

No question as to the power of the municipality to enact *598the ordinance is directly or indirectly presented. The only question presented is whether the facts stated in the special finding entitle the appellant to recover the penalty. In our opinion the jurisdiction of the case is in the Appellate Court. The case was decided upon the theory that the facts did not show a violation of the ordinance, and hence the…