Legal Opinion

City of Chicago v. Butler Bros.

Appellate Court of Illinois

Decided July 10, 1953No. Gen. 45,964PublishedCited by 4 opinions

1Opinion of the CourtJustice Feinberg

Plaintiff filed its complaint against defendants, consisting of two counts based on the alleged violation of the Smoke Abatement ordinance, Chapter 99-71 of the Municipal Code. A hearing without a jury resulted in a finding of guilty as to the corporate defendant and a fine of $100 and costs assessed against said defendant.

The ordinance is as follows:

“It shall be unlawful for any person owning or in charge of any smoke stack of any locomotive, tar kettle, steam machine or contrivance, or of any open fire, smoke stack, or chimney of any building or premises to allow the emission of dense smoke…

2Cases cited4 opinions

  1. Ebbert v. Metropolitan Life InsuranceIllinois Supreme Court · 1938
  2. City of Chicago v. ClassenAppellate Court of Illinois · 1912
  3. City of Chicago v. StoneAppellate Court of Illinois · 1914
  4. City of Mount Vernon v. RainwaterAppellate Court of Illinois · 1924

3Cited by4 opinions

  1. Cook County Department of Environmental Control v. Tomar IndustriesAppellate Court of Illinois · 1975
  2. City of Chicago v. CarneyAppellate Court of Illinois · 1962
  3. Oskvarek v. RichterAppellate Court of Illinois · 1961
  4. COOK CO. DEP'T OF ENVIRON. CONT. v. Tomar Indus.Appellate Court of Illinois · 1975

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