Chicago, Rock Island & Pacific R. R. v. Reidy

Citations

• 66 Ill. 43

Syllabus

<p>1. Constitutional law—regulation of speed, of railroad in cities and towns. The act of 1865, which makes railroad, companies liable for all damage done to any individual and for stock killed by any train or engine, in any incorporated city or town, where their trains are permitted to be run at a greater rate of speed through such city or town than is permitted by the ordinances thereof, is not unconstitutional.</p> <p>2. Such a law is not objectionable as taking private property from one person and giving it to another. Its purpose and operation are to require railroad companies to make compensation for the damage done by their trains and engines while running at the prohibited speed. It is not a penalty, or in the nature of a penalty; but even were it held to be a penalty, or in the nature of one, it. would not be unconstitutional, as the legislature has the undoubted right to impose any reasonable penalty necessary to compel a strict observance of the statutory requirement.</p> <p>3. Nor is it objectionable that the statute gives the penalty, if it be one, to the injured party. Whether a penalty for violation of law shall be appropriated to the public use or to a private individual, is purely discretionary with the legislature.</p> <p>4. Negligence—-form of action to recover for injury resulting from train running at greater speed than allowed by ordinance. Where a plaintiff sued a railroad company in an action on the case in the circuit court to recover compensation for injury sustained by him in- consequence of the company’s train being run at a greater, rate of speed within a city than the ordinance of the city allowed, it was urged that the action was misconceived, because the statute gives an action of debt or assumpsit before a justice of the peace, where the sum claimed does not exceed $100, and, therefore, the same forms of action applied to suits in the circuit court: Held, that, as in the latter court an action was given without naming it, and there w