Indianapolis & St. Louis Railroad v. People

Citations

• 91 Ill. 452

Syllabus

<p>1. Justice oe the peace—jurisdiction in penal action. A justice of the peace has jurisdiction in an action to recover the penalty imposed upon railway companies for not stopping their trains before crossing another railroad upon the same level, debt being a proper form of action to recover a statutory penalty.</p> <p>2. Consolidation of causes of action—where two penalties are incurred. Where the evidence, -in a suit by the people to recover the penalty given by law against ■ a railway company for not coming to a full stop before crossing another railroad track, showed a similar violation of the statute at another and different road about a quarter of a mile distant, it was held, that the people were not compelled to unite the two causes of action, and thereby defeat the justice’s jurisdiction.</p> <p>3. Party plaintiee—in penal action. A suit brought in the name of the people of the State of Illinois, for the use of C D, against a railroad company, to recover the penalty given by sections 50 and 51 of the Railroad law, will not be dismissed because it is brought for the use of an individual. Such a suit is brought in the name of the people, who are the plaintiffs, and the words, “ for the use,” etc., may be treated as surplusage. In such a case, whether the penalty goes to the people or to O D, does not arise, but that is .a matter between him and the people, afterwards to be settled.</p> <p>4. Where such a suit is so brought, the whole penalty is recoverable, and it is a matter of no concern to the defendant what disposition is made of the money when collected. The recovery will operate as a bar to any future action for the same penalty.</p> <p>5. Railroads—neglect of servants to obey orders—no defence. In an action against a railway company, to recover the penalty for neglecting to stop its train before crossing another railroad on the same level, there is no error in not allowing the defendant to prove that the company had rules requiring the engine-driver to