Legal Opinion

Harmon v. City of Chicago

Illinois Supreme Court

Decided June 13, 1884PublishedCited by 20 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Criminal Court of Cook county; the Hon. Kirk Hawes, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Criminal Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This suit was originally commenced by the city of Chicago, against William Harmon, in the police court of the city for the first district, for creating a nuisance, by permitting or allowing a “dense smoke” to issue from the smoke-stack of the steam tug-boat “Tom Brown,” owned by defendant, and which, at the time, he was operating in and about the Chicago river, within the corporate limits of the city, in violation of sections…

1Opinion of the CourtJustice Scott

Only two sections of the ordinance which it is alleged was violated were introduced in evidence. So far as anything appears in the record, they seem to have no necessary connection with each other. Section 1650 declares: “The emission of dense smoke from the smoke-stack of any boat or locomotive, or from any chimney, anywhere within the city, shall be deemed and is hereby declared to be a public nuisance: Provided, that the chimneys of buildings used exclusively for private residences shall not be deemed within the provision of this ordinance. ” It will be perceived this section provides no…

2Cases cited3 opinions

  1. Escanaba Co. v. ChicagoSupreme Court of the United States · 1883
  2. North Chicago City Railway Co. v. Town of Lake ViewIllinois Supreme Court · 1882
  3. Dunne v. PeopleIllinois Supreme Court · 1879

3Cited by20 opinions

  1. Chicago North Shore & Milwaukee Railroad v. City of ChicagoIllinois Supreme Court · 1928
  2. State Public Utilities Commission ex rel. Quincy Railway Co. v. City of QuincyIllinois Supreme Court · 1919
  3. City of St. Louis v. Edward Heitzeberg Packing & Provision Co.Supreme Court of Missouri · 1897
  4. Withey v. BloemMichigan Supreme Court · 1910
  5. Sanitary District v. Chicago & Alton RailroadIllinois Supreme Court · 1915

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