Toledo, Wabash & Western Railway Co. v. City of Jacksonville
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the-Hon. Charles D. Hodges, Judge, presiding. This was a suit brought by the city of Jacksonville against the Toledo, Wabash and Western Eailway Company, before a justice of the peace, to recover a penalty for a violation of the ordinance of the city referred to in the opinion of the court. The cause was taken to the circuit court by appeal, where a trial was had before the court, without a jury.
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Appeal from the Circuit Court of Morgan county; the-Hon. Charles D. Hodges, Judge, presiding. This was a suit brought by the city of Jacksonville against the Toledo, Wabash and Western Eailway Company, before a justice of the peace, to recover a penalty for a violation of the ordinance of the city referred to in the opinion of the court. The cause was taken to the circuit court by appeal, where a trial was had before the court, without a jury. The court found the defendant guilty, and rendered judgment in favor of the plaintiff for $50. The defendant appealed.
1Opinion of the CourtJustice Scott
This action was brought to recover a penalty for a failure to comply with an ordinance of the city which required the railroad company to keep a flagman by day and a red lantern by night at the point where its track crosses the street or State road just west of the bridge known as “rock bridge.”
It is stipulated that the company did not keep a flagman at the crossing indicated; that it is within the bounds of the city; that it is an important crossing, and much used; that it has been so used by the railroad and the inhabitants for the last twenty-five years, and that, by resolution of the city…
2Cases cited1 opinion
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
3Cited by44 opinions
- State v. RedmonWisconsin Supreme Court · 1907
- Eden v. PeopleIllinois Supreme Court · 1896
- Ruhstrat v. PeopleIllinois Supreme Court · 1900
- People v. SteeleIllinois Supreme Court · 1907
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
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