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eBook details

• Title: Schuman v. Chicago Transit Authority
• Author : Supreme Court of Illinois
• Release Date : January 27, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

On December 22, 1948, the plaintiff, Blanche Schuman, filed her complaint and on February 17, 1949, an amended complaint, in the superior court of Cook County seeking to recover damages for personal injuries sustained on February 20, 1948, while alighting from a streetcar operated by the defendant, the Chicago Transit Authority. Plaintiff alleged that, on March 5, 1948, she filed in the office of defendant a written statement, signed by her agent, as required by section 41 of the Metropolitan Transit Authority Act. (Ill. Rev. Stat. 1949, chap. 111 2/3, par. 341.) By its answer, defendant denied that the statement satisfied the requirements of section 41. Thereafter, plaintiff filed an amendment to her amended complaint admitting that she had not complied with section 41 and alleging that it contravenes section 22 of article IV of the constitution of this State. Defendant's motion to dismiss plaintiff's action because of noncompliance with section 41 was sustained, the judgment order specifically finding that section 41 of the Metropolitan Transit Authority Act is constitutional and valid. Plaintiff elected to abide by her complaint, as amended, and the cause was dismissed. This appeal followed. Defendant's motion to transfer the cause to the Appellate Court for the First District upon the ground that a constitutional question is not involved, within the contemplation of section 75 of the Civil Practice Act, (Ill. Rev. Stat. 1949, chap. 110, par. 199,) has been taken with the case. The act as a whole was adjudged constitutional in People v. Chicago Transit Authority, 392 Ill. 77. The principal question presented was whether the act creates a municipal corporation. This issue was decided in the affirmative. The contention that the act grants special privileges in violation of section 22 of article IV, in authorizing the Authority to build railroad tracks, was decided in the negative. It was also contended that the act is a local or special law granting a special privilege to the Authority with respect to rates of fare to be charged, contrary to section 22 of article IV. We held that section 30 of the statute authorizing the Chicago Transit Board to fix rates, fares and charges for transportation is not local or special. The precise question made and argued here, namely, whether section 41 transcends the constitutional prohibitions of section 22 of article IV of our constitution was not directly considered. To sustain the constitutionality of a statute against a particular contention is not decisive of its validity against subsequent attacks upon different constitutional grounds. (Parks v. Libby-Owens-Ford Glass Co. 360 Ill. 130.) The motion to transfer is denied.

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