Jones v. Brim
Supreme Court of the United States
EEEOE TO THE SUPREME COURT OE THE STATE OF UTAH. This-action was originally instituted in June, 1893, before a justice of the peace in the then Territory of. Utah,-to recover the sum of ten dollars for damages alleged to have resulted from destroying the banks on the side of and from rolling rocks into and upon a public highway situated on a hillside, caused by a band of sheep owned by the defendant while being driven upon such highway.
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EEEOE TO THE SUPREME COURT OE THE STATE OF UTAH. This-action was originally instituted in June, 1893, before a justice of the peace in the then Territory of. Utah,-to recover the sum of ten dollars for damages alleged to have resulted from destroying the banks on the side of and from rolling rocks into and upon a public highway situated on a hillside, caused by a band of sheep owned by the defendant while being driven upon such highway. L The Supreme Court of the Territory, on review of the judgment of a District Court in favor of the defendant, held that the statute upon which the cause of…
1Opinion of the CourtJustice White
The sole question presented for our consideration is whether section 2087 of the Compiled Laws of Utah (vol. 1, p. 743)' is in conflict with' the Constitution of the United States. The section reads as follows:
“ Sec. 2087. Any person who drives a herd of .horses, mules, asses, cattle, sheep, goats or swine over a public highway, where such highway is constructed on a hillside, shall be liable for all damage done by such animals in destroying the banks or rolling rocks into or upon such highway.”
Plaintiff in error claims that the law in question deprives the class of persons mentioned in it of…
2Cases cited4 opinions
- Duncan v. MissouriSupreme Court of the United States · 1894
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Lowe v. KansasSupreme Court of the United States · 1896
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- Davis v. MassachusettsSupreme Court of the United States · 1897
- Silver v. SilverSupreme Court of Connecticut · 1928
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