City of Shively v. Illinois Central Railroad Co.

STEWART, Judge.

In this action appellee, Illinois Central Railroad Company, sought in circuit court to prohibit the enforcement of an ordinance of appellant, city of Shively, a fourth-class city, which required appellee to erect and maintain safety gates for traffic at three crossings of the railroad over Wathen’s Lane, Sanders (sometimes called Sadie) Lane, and Gagel Avenue, all of which crossings are located within appellant’s city limits. The ordinance went into effect immediately upon passage, leaving no grace period; contained penalties of $10 to $50 per day for noncompliance; and made no…