Chicago & Alton Railroad v. Engle

Citations

• 76 Ill. 317

Syllabus

<p>1. Obdutancb—publication, how proved—evidence. 'Where the charter of a town provided that “no ordinance shall be of any force until the same shall have been advertised, by publishing copies in three public places in said town for ten days,” but contains no provision as to how proof of publication shall be made, it must be proved as at common law. The certificate of the town clerk of the due publication of an ordinance, as required by law, is not admissible to prove publication.</p> <p>2. In a suit against a railway company, to recover for the killing of an animal within the limits of an incorporated town, On the ground of an alleged violation of an ordinance of the town by the company, in running its train at a prohibited rate of speed, it is indispensable to a recovery that the plaintiff should prove that the ordinance was in force at the time of the alleged accident.</p>