Pennsylvania Co. v. City of Chicago
Appellate Court of Illinois
Debt, to recover a penalty for violation of a city ordinance. Appeal from the Criminal Court of Cook County; the Hon. Jesse Holdoii, Judge presiding. Heard in this court at the March term, 1902. This suit was brought by appellee in a justice court to recover a penalty prescribed for the violation of a city ordinance by the emission of dense smoke within the corporate limits from a locomotive engine owned by appellant.
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Debt, to recover a penalty for violation of a city ordinance. Appeal from the Criminal Court of Cook County; the Hon. Jesse Holdoii, Judge presiding. Heard in this court at the March term, 1902. This suit was brought by appellee in a justice court to recover a penalty prescribed for the violation of a city ordinance by the emission of dense smoke within the corporate limits from a locomotive engine owned by appellant. A trial was had which resulted in a judgment against appellant for the sum of $25. From this judgment an appeal was taken to the Criminal Court of Cook County. In the trial…
1Opinion of the Court
Me: Presiding Justice Ball
delivered the opinion of the court.
The motion of appellee to strike the bill of exceptions from the files is overruled. The bill was signed and filed within the time allowed by the court, based upon the written stipulation of the parties.
The ordinance is in substance as follows:
“ Sec. 1046. The emission of dense smoke from the smoke stack of any * * * locomotive * * * anywhere within the city, shall be deemed and is hereby declared to be a public nuisance. * * *
“ Sec. 1047. The owner or owners of any * * * locomotive engine * * * who shall permit or allow dense smoke…
2Cases cited1 opinion
- Chicago & Eastern Illinois Railroad v. People ex rel. TiltonIllinois Supreme Court · 1887