{
  "id": 1581460,
  "name": "People of the State of Illinois, Plaintiff-Appellee, v. John R. Lockenvitz, Defendant-Appellant",
  "name_abbreviation": "People v. Lockenvitz",
  "decision_date": "1970-04-28",
  "docket_number": "Gen. No. 11,163",
  "first_page": "214",
  "last_page": "217",
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      "cite": "122 Ill. App. 2d 214"
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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      "cite": "177 NW 613",
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      "cite": "171 Wis 464",
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        7779890
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      "cite": "33 Misc 510",
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      "reporter": "Misc.",
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        1623794
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    {
      "cite": "66 NYS 748",
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        7781023
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        1621626
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    {
      "cite": "231 NE2d 605",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1967,
      "opinion_index": 0
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    {
      "cite": "89 Ill App2d 297",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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        2544532
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      "year": 1967,
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  "last_updated": "2023-07-14T21:02:54.032479+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "People of the State of Illinois, Plaintiff-Appellee, v. John R. Lockenvitz, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "CRAVEN, P. J.,\ndelivered the opinion of the court.\nThis is an appeal from a conviction, after a bench trial, of an overweight violation and assessment of a fine against the defendant in the sum of $3,542 and costs. The essential facts are not in dispute. Indeed, the parties have followed the commendable practice of stipulating to the facts so far as they are relevant to this proceeding. The defendant was driving a truck with a rockcrushing machine towed behind it. This unit, in the combination referred to, was a \u201cvehicle\u201d for purposes of this case and was overweight by 35,420 pounds as to allowable limits set by section 228(b) of chapter 95%, Ill Rev Stats 1967.\nThis section of the statute declares it to be a violation whenever a vehicle in excess of the weights therein specified is operated \u201cupon the highways\u201d of this state. In this case the vehicle was operated \u201cacross\u201d State Route 66. At no time did the defendant operate the vehicle on a state highway in any direction other than directly across the highway. The penalty for a violation of section 228(b), on the basis of the overweight here, is specified by statute at the rate of ten cents per pound. The imposition of the statutory penalty is required in the event of a finding of guilty. People v. Thompson, 89 Ill App2d 297, 231 NE2d 605 (4th Dist 1967). Section 221 of chapter 95%, Ill Rev Stats 1967, prohibits driving an overweight or oversize vehicle \u201con, upon or across\u201d any highway. No specific penalty is recited in connection with this section. Thus, section 234 of chapter 95%, Ill Rev Stats 1967, would be applicable. That section calls for a penalty of not less than $10, nor more than $100, or imprisonment for not more than ten days, for a violation \u201cof any provision of this Act for which another penalty is not provided.\u201d\nThe appellant urges that driving \u201cacross\u201d the highway is not prohibited by section 228 (a) but only by section 221(a) and that, accordingly, the general and lesser, rather than the specifically scaled and greater penalty, should have been imposed. He urges that familiar rules of statutory construction compel this re-suit. We are told that \u201cupon\u201d is not the same as \u201cacross.\u201d Further, the appellant suggests that when the Legislature meant to say \u201cacross\u201d it did so with clarity and precision, i. e., \u201con, upon or across.\u201d We are then asked to conclude, under these rules of construction, that the mere crossing here involved is not upon but across, and therefore the lesser penalty was the only appropriate remedy. We cannot agree.\nAt the. point of the crossing, as the vehicle was driven across Route 66, if it was not upon the highway, then where was it? In New York, L. & W. Ry. Co. v. Roll, 32 Misc 321, 66 NYS 748, 752, the court posed the same question and concluded that \u201cNo description of its whereabouts at that particular point is better than to say it is \u2018. . . upon\u2019 the street where it crosses. It is sufficient, and it is true. It is not necessary that the railroad should pass along the surface of the street in order to be . . . upon it.\u201d\nThe prohibited operation of a vehicle \u201cupon\u201d includes \u201cacross\u201d for the simple reason that you cannot get across without being upon, assuming the surface of the highway to have been used. See In re Syracuse & South Bay Ry. Co., 33 Misc 510, 68 NYS 881; Merrill v. Chicago, North Shore & M. R. Co., 171 Wis 464, 177 NW 613.\nIt is true that such a conclusion leaves section 221(a) which prohibits vehicles of a size and weight exceeding the limitation specified from being operated on, upon or across with little for the \u201cacross\u201d part to prohibit. Rules of statutory construction, however, are meant to be aids useful in ascertaining legislative intent. They are not meant to be barriers that obscure the intent or prohibit its realization. One such rule of statutory construction that a statute should be construed to give meaning to each word and phrase may be offended by our conclusion. Nonetheless, we are not prepared to say that the Legislature, by expressly prohibiting the crossing of highways in certain instances and in using specific prohibitive expression in others did not intend the phrase \u201coperate upon\u201d to apply to driving across.\nIn Northern Illinois Coal Corp. v. Langmeyer, 342 Ill App 406, 96 NE2d 820 (4th Dist 1951), the court did reach such a conclusion. There, however, the coal company trucks that were involved were operated across a township road from property of the coal company to other property of the coal company. The company owned the fee to the township road over which the public had an easement or right-of-way for public travel. The trucks that were operated across the road exceeded the weight limits applicable to the road, and the statutory language prohibited such operation \u201cupon\u201d and the court held that this did not apply to the crossings.\nThe conclusion of the court there, however, at least in some measure, seems to have been predicated upon the fact that the public easement was \u201cfor purposes of travel\u201d and the use there involved was so regulated by the decree of the lower court as not to \u201cconstitute an unlawful encroachment or obstruction upon the road and does not interfere with the easement of the public.\u201d We thus view this case as different on the facts and prefer to distinguish it from Langmeyer. However, insofar as the court there concluded that \u201cupon\u201d didn\u2019t mean \u201cacross,\u201d we are not in agreement.\nThe action of the Circuit Court of McLean County in imposing the specific penalty was correct and that action is affirmed.\nAffirmed.\nSMITH and TRAPP, JJ., concur.",
        "type": "majority",
        "author": "CRAVEN, P. J.,"
      }
    ],
    "attorneys": [
      "Thomson, Thomson & Mirza, of Bloomington (John Naylor, of counsel), for appellant.",
      "Paul R. Welch, State\u2019s Attorney of McLean County, of Bloomington (James M. Carr, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "People of the State of Illinois, Plaintiff-Appellee, v. John R. Lockenvitz, Defendant-Appellant.\nGen. No. 11,163.\nFourth District.\nApril 28, 1970.\nThomson, Thomson & Mirza, of Bloomington (John Naylor, of counsel), for appellant.\nPaul R. Welch, State\u2019s Attorney of McLean County, of Bloomington (James M. Carr, of counsel), for appellee."
  },
  "file_name": "0214-01",
  "first_page_order": 220,
  "last_page_order": 223
}