Jones v. Brim

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 $10 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.

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 action was founded was valid, adjudged that the petition stated a cause of action, and remanded the cause to the district court. 11 Utah, 200, 39 Pac. 825. Subsequently the supreme court of the state affirmed a judgment of the district court, which had been entered for the amount claimed. The defendant sued out this writ of error.

F. S. Richards, for plaintiff in error.

P. L. Williams, for defendant in error.

Mr. Justice WHITE, after stating the case, delivered the opinion of the court.