Garff v. Smith
Utah Supreme Court
Appeal from District Court, Tooele County; C. W. ' Morse, Judge. Action by Peter N. Garff against Jesse M. Smith, and others. Prom a judgment in favor of plaintiff against defendant James P. Sharp, he appeals. APPELLANT’S POINTS.
Read the full summary
Appeal from District Court, Tooele County; C. W. ' Morse, Judge. Action by Peter N. Garff against Jesse M. Smith, and others. Prom a judgment in favor of plaintiff against defendant James P. Sharp, he appeals. APPELLANT’S POINTS. Sheep inspection and quarantine are clearly within the police powers of the state and summary remedies in that behalf are valid. {Rasmussen v. Idaho, 181 U. S. 198.) “A public officer is not liable to' an action if he falls into error where the act to be done is not merely a ministerial one, but is one in relation to which it is his duty to exercise judgment and…
1Opinion of the CourtStpaup, J.
The respondent, plaintiff below, brought this action against Jesse M. Smith, the state sheep inspector, James P. Sharp, his deputy, and others, his bondsmen, to recover damages alleged to have been sustained through the negligence of defendants Smith and Sharp in quarantining sheep belonging *105to plaintiff and bis assignors. As to tbe defendant Smith and his bondsmen, the court took the case from the jury. Upon the issues submitted the jury rendered a verdict in favor of plaintiff and against defendant Sharp in the sum of $850. From the judgment entered upon the verdict against him, the…
2Cases cited15 opinions
- Spalding v. VilasSupreme Court of the United States · 1896
- Kendall v. StokesSupreme Court of the United States · 1845
- Grider v. TallySupreme Court of Alabama · 1884
- Wall v. TrumbullMichigan Supreme Court · 1867
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lyon v. BurtonUtah Supreme Court · 2000
- Day v. State Ex Rel. Utah Department of Public SafetyUtah Supreme Court · 1999
- Ross v. SchackelUtah Supreme Court · 1996
- State v. WinneNew Jersey Superior Court Appellate Division · 1952
- Day v. State Ex Rel. Utah Department of Public SafetyCourt of Appeals of Utah · 1994
14 more not listed; retrieve them via the Exa API.