Legal Opinion

Jones v. Blythe

Utah Supreme Court

Decided July 1, 1908PublishedCited by 6 opinions

Appeal from District Court, Box Elder County; W. W. Maugban, Judge. Action by William Jones against John Blytbe. Judgment for plaintiff, and defendant appeals. APPELLANTS POINTS. It is well settled that in. this section of the country the' principle does not prevail that a man is bound to keep, his own stock confined within his own grounds, or else be liable for their trespasses upon the unenclosed grounds of his neighbors.

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Appeal from District Court, Box Elder County; W. W. Maugban, Judge. Action by William Jones against John Blytbe. Judgment for plaintiff, and defendant appeals. APPELLANTS POINTS. It is well settled that in. this section of the country the' principle does not prevail that a man is bound to keep, his own stock confined within his own grounds, or else be liable for their trespasses upon the unenclosed grounds of his neighbors. But the owners of domestic animals may permit them to run at large and pasture upon the public lands and upon the unenclosed lands of private individuals without let or…

1Opinion of the CourtMeOABTY, J.

This is an appeal by the defendant from a judgment rendered in the district court of Box Elder county in favor of plaintiff for damages alleged to have been caused by defendant’s sheep trespassing upon and eating off and destroying the grass and herbage upon certain lands of plaintiff situated in the northwestern- part of Box Elder county, this state. The land is described in the complaint as follows: “All of sections 29, 30, 31, and 32, township 14 N, of range 17 W., Salt Lake Meridian” — and is situated in what is known as “Cotton Thomas Basin.” This basin has an area of about *364twenty-five…

2Cases cited9 opinions

  1. Buford v. HoutzSupreme Court of the United States · 1890
  2. Lazarus v. PhelpsSupreme Court of the United States · 1894
  3. Powers v. KindtSupreme Court of Kansas · 1874
  4. Delaney v. ErricksonNebraska Supreme Court · 1881
  5. Harrison v. AdamsonSupreme Court of Iowa · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Mower v. OlsenUtah Supreme Court · 1917
  2. Thomas v. BlytheUtah Supreme Court · 1913
  3. Winters v. TurnerUtah Supreme Court · 1929
  4. Hall v. BartholomewUtah Supreme Court · 1917
  5. Livingston v. ThornleyUtah Supreme Court · 1929

1 more not listed; retrieve them via the Exa API.

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