Gridley v. the City of Bloomington.

Citation1878 WL 9931,88 Ill. 554,30 Am.Rep. 566
PartiesASAHEL GRIDLEYv.THE CITY OF BLOOMINGTON.
Decision Date31 January 1878
CourtSupreme Court of Illinois

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.

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29 cases
  • City of Carbondale v. Brewster, 51711
    • United States
    • Supreme Court of Illinois
    • December 20, 1979
    ...The circuit court, in its written order expressly based Page 831 [34 Ill.Dec. 840] its decision on Gridley v. City of Bloomington (1878), 88 Ill. 554, wherein the court struck down a similar municipal ordinance, and held that the ordinance could not be upheld either under the principle acco......
  • Kansas City v. Holmes
    • United States
    • United States State Supreme Court of Missouri
    • April 8, 1918
    ...... City, in that it is thereby taxing him without uniformity of. taxation for the removal of such snow. Gridley v. Bloomington, 88 Ill. 554; Chicago v. O'Brien, 111 Ill. 532; State v. Jackman, 69. N.H. 318; St. Louis v. Spiegel, 75 Mo. 145;. Kansas City v. ......
  • State v. Small
    • United States
    • Supreme Judicial Court of Maine (US)
    • May 18, 1927
    ......        Proceeding by the State against Ernest L. Small for failure to comply with city ordinance requiring owners, tenants, or occupants of property to remove snow from abutting ...H. 319, 41 A. 347, 42 L. R. A. 438; McGuire v. Dist. of Columbia, 24 App. D. C. 22; Gridley v. Bloomington, 88 Ill. 554, 30 Am. Rep. 566.         The more generally accepted rule, ......
  • State ex rel. Egan v. McCrillis
    • United States
    • United States State Supreme Court of Rhode Island
    • February 1, 1907
    ......        J. Wilson McCrillis was convicted for violation of a city ordinance, and appeals. The questions raised are certified by the superior court to the Supreme ...66 A. 303. the cases of Gridley v. Bloomington (1878) 88 Ill. 554, 30 Am. Rep. 566, affirmed by a divided court (three justices ......
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