Brimm v. Jones
Utah Supreme Court
Action by Alfred G. Brimm, road supervisor, against Thomas W. Jones for damages done to highway contrary to provision made by statute — for prevention of damages to the highway by herds of sheep. The demurrer to the complaint, which raised the constitutionality of the statute, was decided in the supreme court of the Territory in favor of the law.
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Action by Alfred G. Brimm, road supervisor, against Thomas W. Jones for damages done to highway contrary to provision made by statute — for prevention of damages to the highway by herds of sheep. The demurrer to the complaint, which raised the constitutionality of the statute, was decided in the supreme court of the Territory in favor of the law. From judgment in favor of the plaintiff in district court of the State defendant appealed, the appeal covering the same ground as that gone over in the supreme court of the Territory. Without going into the merits of the case the court held that the…
1Opinion of the Court
Miner, J.:
This action was brought by the respondent, as road supervisor, against the appellant, for damages caused a public highway constructed upon a hillside in driving a floclc of sheep upon the same, thereby destroying the banks, and rolling rocks thereon. The defendant filed his demurrer to the complaint, alleging that it did not state facts sufficient to constitute a cause of action, and also filed an answer. Respondent obtained a judgment of $10 in the justice’s court. The appellant appealed to the district court, and there his demurrer was sustained. Respondent declined to amend, and…
2Cases cited7 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Leese v. ClarkCalifornia Supreme Court · 1862
- Clary v. HoaglandCalifornia Supreme Court · 1856
- Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Polack v. McGrathCalifornia Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Potter v. Ajax Mining Co.Utah Supreme Court · 1900
- Helper State Bank v. CrusUtah Supreme Court · 1938
- Silva v. PickardUtah Supreme Court · 1896
- Corporation of Members of Church of Jesus Christ of Latter-Day Saints v. WatsonUtah Supreme Court · 1906