Gaca v. City of Chicago

This appeal, involving the constitutionality of section 1-15 of the Revised Cities and Villages Act, (Ill. Rev. Stat. 1949, chap. 24, par. 1-15,) comes direct from the superior court of Cook County. On March 29, 1949, appellee, John Gaca, filed suit against appellant, the city of Chicago, to recover the sum of $2300 which represented the amount of a judgment obtained against him by Mary and Edward Mallory in the superior court of Cook County, by reason of their having been falsely arrested. Appellee's right to recovery in this action is predicated upon the foregoing statutory enactment, the pertinent provision being: ""In case any injury to the person or property of another is caused by a member of the police department of a municipality having a population of 500,000 or over, while the member is engaged in the performance of his duties as policeman, and without the contributory negligence of the injured person or the owner * * *, the municipality in whose behalf the member of the municipal police department is performing his duties as policeman shall indemnify the policeman for any judgment recovered against him as the result of such injury, except where the injury results from the wilful misconduct of the policeman."" The appellant, the city of Chicago, filed its amended motion to strike, alleging that the statute involved is unconstitutional and void because it contravenes section 22 of article IV of the constitution of the State of Illinois. The trial court, ruling adversely to this claim, entered judgment for the plaintiff and against the city in the sum of $2300 and costs. The defendant stood on its motion to strike.