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…
1DissentBartch, J.
I cannot agree with the majority of the court in dismissing this appeal. Nor do I agree with their application of rules of law to such circumstances as are shown by the record. This action was originally brought in the Third district court before the chief justice of the then Territory of Utah, under section 2087, Comp. Laws Utah 1888, which provides that “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…
2Cases cited22 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Bomar v. ParkerTexas Supreme Court · 1887
- Frankland v. CassadayTexas Supreme Court · 1884
- Burns v. LedbetterTexas Supreme Court · 1882
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