Indianapolis & St. Louis Railroad v. People
Illinois Supreme Court
Appeal from the Appellate Court of the Third District; the Hon. C. L. Higbee, presiding Justice, and the Hon. Oliver L. Davis, and Hon. Lyman Lacey, Justices. This was a suit, brought to recover a penalty, under sections 50 and 51, chapter 114, Revised Statutes 1874, and comes to this court on an appeal from the Appellate Court.
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Appeal from the Appellate Court of the Third District; the Hon. C. L. Higbee, presiding Justice, and the Hon. Oliver L. Davis, and Hon. Lyman Lacey, Justices. This was a suit, brought to recover a penalty, under sections 50 and 51, chapter 114, Revised Statutes 1874, and comes to this court on an appeal from the Appellate Court. Section 50 provides, among other things, “ that all trains run upon any railroad which crosses or is crossed by any other railroad upon the same level, shall be brought to a full stop at a distance, not less than 200 feet, nor more than 800 feet from the point of…
1Opinion of the CourtJustice Walker
This was an action, before a justice of the peace, to recover a penalty under sections 50 and 51 of the Railroad law. (Rev. Stat. 1874, p. 809.) It is claimed that the statute was violated by the company, and that does not seem to be contested.
It is urged, that as section 51 does not state what courts may take jurisdiction, a justice of the peace could not try the cause; that where the statute fails to name the court which shall have jurisdiction, the implication is that it is intended to be conferred on a court of general jurisdiction. Where the statute does not specify the court which shall…
2Cited by13 opinions
- Christy v. ElliottIllinois Supreme Court · 1905
- People v. DummerIllinois Supreme Court · 1916
- Metropolitan Life Insurance v. PeopleIllinois Supreme Court · 1904
- People v. GillAppellate Court of Illinois · 1961
- Franklin Life Insurance v. People ex rel. YanceyIllinois Supreme Court · 1903
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