City of Chicago v. Classen

Appellate Court of Illinois

City of Chicago v. Classen

170 Ill. App. 310, 1912 Ill. App. LEXIS 772

CourtAppellate Court of Illinois

DecidedMay 20, 1912

DocketGen. No. 16,176

StatusPublished

Cited by2 cases

This text of 170 Ill. App. 310 (City of Chicago v. Classen) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Chicago v. Classen, 170 Ill. App. 310, 1912 Ill. App. LEXIS 772 (Ill. Ct. App. 1912).

Pincite

Opinion

Mr. Justice Baker

delivered the opinion of the court.

Plaintiff in error was charged with violating section 1454 of the Municipal Code of Chicago, was found guilty by a jury and his fine assessed at fifty dollars. The court overruled his motion for a new trial and rendered judgment on the verdict to reverse which this writ of error is prosecuted.

The Court instructed the jury that before they could find the defendant guilty they must, “find from a greater weight or preponderance of the evidence that the charge against him had been sustained. ’ ’

This instruction was wrong. In an action for debt for the recovery of a penalty, more than a preponderance of the evidence is necessary to authorize a recovery. A. T. & S. F. Ry. Co. v. The People, 227 Ill. 270; T. P. & W. Ry. Co. v. Foster, 43 id. 480; Ruth v. Abingdon, 80 id. 418.

The evidence was conflicting, and in such a case the instructions should be accurate to sustain a judgment rendered on the verdict. Smith v. The People, 142 Ill. 117.

For the error in this instruction the judgment is reversed and the cause remanded.

Reversed and remanded.

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