United States Supreme Court Cases & Opinions

U.S. Supreme Court

Jones v. Brim, 165 U.S. 180 (1897)

Jones v. Brim

No. 621

Submitted January 11, 1897

Decided February 1, 1897

165 U.S. 180

Syllabus

Section 2087 of the Compiled Laws of Utah, 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 rolling rocks into or upon such highway"

is not in conflict with the Constitution of the United States.

Page 165 U. S. 181

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.

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. 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.