City of Lake View v. Tate
Decision Date | 26 November 1889 |
Citation | 130 Ill. 247,22 N.E. 791 |
Parties | CITY OF LAKE VIEW v. TATE. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from appellate court, first district.
Jonas Hutchinson, for appellant.
Walker & Eddy, for appellee.
This was a suit brought by the city of Lake View against H. Tate, before a justice of the peace, to recover the penalty imposed by an ordinance of said city regulating the speed of rail way trains. The trial before the justice of the peace resulted in a judgment of favor of the city for $200, and costs. On appeal to the criminal court of Cook county, a trial de novo was had before the court, a jury being waived, resulting in a judgment in favor of the defendant. That judgment, being taken to the appellate court by appeal, was affirmed, and by further appeal the record is brought to this court for review.
The city of Lake View, during the period of time covered by the matters in question, was a municipal corporation organized under the general law, embracing a territory extending north and south along the shore of Lake Michigan, from the city of Chicago to the town of Evanston, a distance of five miles, and having an average width of about two miles. Ashland avenue runs north from the north line of Chicago to a point about one mile south of the north line of Lake View, where it is intersected by Clark street, and the latter street runs from the point of intersection, in a course nearly due north, to said north line of Lake View; said street and avenue thus forming a continuous line, north and sought, through Lake View, and dividing it into two nearly equal sections. Two lines of railway, and two only, run through said city, viz., the Chicago & Northwestern and the Chicago & Evanston, both in a north and south direction, and nearly paralled with each other. The Chicago & Northwestern Railway runs from the city of Milwaukee, through the town of Evanston, to its general passenger station in the city of Chicago, and passes through the city of Lake View, parallel with Ashland avenue, and about one-eighth of a mile westerly therefrom. The Chicago & Evanston Railway runs from the town of Evanston to its general passenger station in Chicago, and passes through Lake View on a line nearly parallelwith Ashland avenue, and from a third to a half of a mile easterly therefrom. On the 19th day of July, 1886, a general ordinance regulating the speed of trains in Lake View was passed, said ordinance being applicable alike to all railways, and limiting the speed of passenger trains to ten miles an hour, and of freight trains to six miles an hour. On the 2d day of August, 1886, said ordinance was so amended as not to apply to any railway company which should maintain gates or flagmen at certain designated crossings. January 13, 1888, the following ordinance was passed, to-wit:
The defendant was a locomotive engineer in the employ of the Chicago & Evanston Railway Company, and the complainant charges that on...
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...power conferred upon it by section 1038 of the Code of 1904. For the distinction as to the powers referred to. see City of Lake View v. Tate, 130 Ill. 247, 22 N. E. 791. 6 L. R. A. at page 269; 1 Dillon. Mun. Corp. §§ 319, 32S, and authorities cited. "Police power is denned in 8 Cyc. 863, a......
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