Legal Opinion · Dissent

Hemphill v. Wabash R. Co

Court of Appeals for the Seventh Circuit

Decided February 17, 1954No. 10945Published

1DissentSwaim, Circuit Judge

I think that the interpretation by the Supreme Court of Illinois of the Revised Cities and Villages Act of 1941 in Aliotta v. City of Chicago, 389 Ill. 418, 59 N.E.2d 829, 830, must be followed by this court and that if followed we must hold that the power granted to cities in the 1941 Act to regulate the speed of trains within their municipal boundaries must be construed either “ * * * as an alternative or additional power granted to or possessed by municipalities.”

I agree, of course, that the municipalities are created by the state legislature and have only such powers as the legislature…

2Cases cited1 opinion

  1. Aliotta v. City of ChicagoIllinois Supreme Court · 1945

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