Legal Opinion

Illinois Central Railroad v. City of Galena

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 1 opinion

Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was an action brought originally before a justice of the peace, in Jo Daviess county, by the city of Galena against the Illinois Central Railroad company, for the violation of an ordinance of the city, in obstructing with a freight car one of the streets of the city.

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Appeal from the Circuit Court of Jo Daviess county; the Hon. Benjamin R. Sheldon, Judge, presiding. This was an action brought originally before a justice of the peace, in Jo Daviess county, by the city of Galena against the Illinois Central Railroad company, for the violation of an ordinance of the city, in obstructing with a freight car one of the streets of the city. The cause was removed into the Circuit Court by appeal, where a trial was had, resulting in a verdict and judgment for the plaintiff. The defendant brings the case here by appeal.

1Opinion of the CourtJustice Breese

One of the ordinances of the city of Galena is as follows: “§ 13. No person shall put, or cause to be put, in any street, sidewalk or other public place within the city limits, any dust, dirt, filth, shavings or other rubbish, or obstructions of any kind; any person offending against the provisions of this section, shall forfeit and pay the sum of five dollars to the city for each offense; and also the further sum of five dollars for each and every day he or she shall neglect to remove the same after being directed so to do by the superintendant of ways and bridges, the marshal or city…

2Cited by1 opinion

  1. St. Louis, Alton & Terre Haute Railroad v. City of BellevilleIllinois Supreme Court · 1887

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