City of Chicago v. Foley
| Decision Date | 05 October 1929 |
| Docket Number | No. 19582.,19582. |
| Citation | 167 N.E. 779,335 Ill. 584 |
| Parties | CITY OF CHICAGO v. FOLEY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Prosecution by the City of Chicago against J. Foley. From a judgment of acquittal, the City appeals.
Reversed and remanded.Appeal from Municipal Court of Chicago; Warren H. Orr, Judge.
Samuel A. Ettelson, Corp. Counsel, of Chicago (Martin H. Foss, Warner Wall, and George Sugarman, all of Chicago, of counsel), for appellant.
Crowe, Gorman & Savage, of Chicago (Burrell J. Cramer, of Chicago, of counsel), for appellee.
Appellant, the city of Chicago, instituted in the municipal court of Chicago a quasi criminal prosecution against appellee, J. Foley, for a violation of section 59 of the city's vehicular ordinance of May 16, 1927. The complaint charged that appellee on the 20th day of June, 1928, on public streets in the city of Chicago, operated a self-propelled four-wheeled freight-carrying vehicle, the gross weight of the vehicle and load thereof being in excess of the amount authorized by section 59 of the city ordinance. The case was tried before the court and a jury. At the conclusion of appellant's case, upon motion of appellee, the trial court directed the jury to return, and it did return, a verdict finding appellee not guilty. Judgment was rendered upon the verdict. From this judgment appellant has appealed to this court, the trial judge having certified that the case involved the validity of an ordinance and that public interest required that the appeal be taken directly to this court for review.
The evidence tends to prove that appellee, at the time and place charged in the complaint, operated a self-propelled four-wheeled freight-carrying motor vehicle having a gross weight, including the weight of the vehicle and its load, of $32,000 pounds, or 2,000 pounds in excess of the maximum gross weight permitted by the ordinance. The trial court held that the ordinance in question was void, and for that reason directed the jury to find the defendant not guilty.
So much of section 59 of the ordinance as is pertinent to this case is as follows:
On March 16, 1927, when the ordinance in question was enacted, section 3 of the Motor Vehicle Act of 1925 (Cahill's Stat. 1925, p. 1646) was as follows:
‘(2) Weight limits 50 per cent. above those provided for herein may be permitted by ordinance in cities having a population of more than 20,000, but such increase shall not apply to vehicles when outside the limits of such a city.’
Thereafter, on July 1, 1927, section 3 of the Motor Vehicle Act (Smith's Stat. 1927, p. 2386) was amended to read as follows:
‘(2) Weight limits 50 per cent. above those provided for herein may be permitted by ordinance in cities having a population of more than 20,000, but such increase shall not apply to vehicles when outside the limits of such a city, nor shall the gross weight of any vehicle operating over any street or highway of this state exceed forty thousand (40,000) pounds.’
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