Excerpt from Reports of Cases Determined in the Appellate Courts of Illinois, 1915, Vol. 192: With a Directory of the Judiciary of the State Corrected to October 4, 1915, and Abstracts of Cases as Designated by the Courts, Under Act Approved June 27, 1913, in Effect July 1, 1913
In meeting the proof of plaintiff, defendant sub mitted the testimony of its mechanical superintendent, who testified to certain devices installed on cars for the purpose of complying with the city ordinance. The defense evidently was based upon the theory that the system employed by defendant was all that could be reasonably expected of it in its attempt to comply with the city ordinance. In rebuttal, however, plaintiff put on the stand Dr.' E. V. Hill, ventilating inspector in charge of the city sanitation for the health depart ment, who testified that more efficient ventilating sys tems were being used in other cars operated in Chi cago, which kept the amount of carbonic acid down to the minimum provided in the city ordinance.
The court found that there was a violation of the ordinance as set forth in plaintiff's bill of particulars, and held as a proposition of law that the ordinance, the violation of which was complained of in this case, was reasonable; notwithstanding this, however, the court found the defendant not guilty.
N o brief was filed nor argument made on behalf of the defendant; and it is only from the brief of the plaintiff that we infer that the court must have acted upon the theory, that there was no intentional viola tion of the ordinance, and that the defendant had done its best to comply with the provisions thereof.
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