Gridley v. the City of Bloomington.

• Decision Date: 31 January 1878
• Citation: 1878 WL 9931,88 Ill. 554,30 Am.Rep. 566
• Parties: ASAHEL GRIDLEYv.THE CITY OF BLOOMINGTON.
• Court: Illinois Supreme Court

88 Ill. 554

1878 WL 9931 (Ill.)

30 Am.Rep. 566

ASAHEL GRIDLEY

v.THE CITY OF BLOOMINGTON.

Supreme Court of Illinois.

January Term, 1878.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of McLean county.

Complaint, under oath, was made, charging that defendant permitted snow to remain upon the sidewalk abutting on premises occupied by him as a “wood and stable lot,” contrary to an ordinance of the city which provides, that “whoever, being the occupant of any occupied premises, or the owner of any vacant premises, shall suffer any snow to remain on any sidewalk or footway adjacent thereto longer than six hours from the time it ceases falling, or if the cessation be in the night time, then longer than six hours after sunrise on the next morning, shall be fined five dollars, and be subject to a like penalty for each day such snow so remains after the first penalty has been incurred.”

Proof was made that defendant, on the 16th day of February, 1875, owned and occupied lot 3, in White's addition to Bloomington, as a wood and stable lot; that there was a sidewalk on the south side of the lot, which abutted on Grove street; that defendant did not remove the snow that had fallen on the sidewalk, two or three days before, to the depth of several inches, within six hours after sunrise on the day mentioned in the complaint, and that the sidewalk in question was within the corporate limits of the city.

It was admitted for the defense, that White's addition to Bloomington was laid out by James White on the 7th day of April, 1836.

On the trial, defendant was found guilty, and fined in the sum of three dollars, and from the judgment rendered against him defendant prosecutes his appeal to this court.

Mr. E. M. PRINCE, and Messrs. KARR & KARR, for the appellant.

Mr. JUSTICE SCOTT delivered the opinion of the Court:

The ordinance under which defendant was prosecuted, imposes a fine upon any one who shall permit snow to remain on the sidewalk abutting premises occupied or owned by him, longer than a period of six hours after it ceases to fall, or if the cessation is in the night time, then longer than six hours after sunrise on the next morning. The validity of that ordinance is the only question made on the argument. It was admitted the lot occupied by defendant was one of an addition to Bloomington that was laid out in 1836, and hence it follows, under the decisions of this court, the fee of the street in front of the premises was either in the original proprietor or in the corporation. Indianapolis, Bloomington and Western R. R. Co. v. Hartley, 67 Ill. 439; Gebhardt v. Reeves, 75 Id. 301.

The...