Legal Opinion

Korah v. City of Ottawa

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 8 opinions

Writ or Error to the Circuit Court of La Salle county; the Hon. Madisor E. Hollister, Judge, presiding. This was an action of debt commenced before a justice of the peace in La Salle county, by the city of Ottawa, against Oscar Korah, upon the complaint “that on the 6th day of September, 1862, within said city, defendant, having charge of canal boat Danube, did negligently run said boat against Madison street bridge, and did thereby greatly injure said bridge.”

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Writ or Error to the Circuit Court of La Salle county; the Hon. Madisor E. Hollister, Judge, presiding. This was an action of debt commenced before a justice of the peace in La Salle county, by the city of Ottawa, against Oscar Korah, upon the complaint “that on the 6th day of September, 1862, within said city, defendant, having charge of canal boat Danube, did negligently run said boat against Madison street bridge, and did thereby greatly injure said bridge.” Such proceedings were had before the justice, that a judgment was obtained against the defendant below, who took an appeal therefrom…

1Opinion of the CourtJustice Walker

It is contended that the city of Ottawa had no power to pass the ordinance imposing the penalty for willfully or negligently injuring this bridge; that the legislature had previously conferred the power on the canal “ board of trustees,” to establish such rules, by-laws and regulations in relation to transportation on the canal, the conduct of boats and rafts, and the general police of the canal, as are usual or may he found necessary, and that this grant of power to the board of trustees was exclusive over the whole matter. It further appears that the trustees had acted under this authority,…

2Cited by8 opinions

  1. Nelden v. ClarkUtah Supreme Court · 1899
  2. State v. HoffmanSupreme Court of Minnesota · 1924
  3. Goldberg v. New York, New Haven & Hartford R. R.Supreme Judicial Court of Maine · 1931
  4. Rakowsky v. City of DuluthSupreme Court of Minnesota · 1890
  5. PLEYTE v. PLEYTE.Colorado Court of Appeals · 1891

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