Show Agaiitet tie Sheepmen I A G Brim a road supervisor vs j Thomas W Jones appellant Judgment r t a J < < of the lower court reversed and case remanded for a new trial Opinion delivered de-livered by Judge Smith concurred in by Judge King Judge Bartch dissenting dis-senting The action began In the court of Justice Jus-tice E C Morse of Echo precinct Summit county where judgment was rendered in favor of the plaintiff for the sum of 10 and 955 costs cos The allegations in th complaint were that on May 81S93 the defendant drove a band of sheep over a public highway situated in Echo canyon road district No2 That said highway is constructed on a hillside and that the sheep in traveling along the road damaged dam-aged It by destroying the banks of the same and by rolling rocks into and upon such highway The damage so done amounted to S10 for which tho Justice gave judgmentnvith costs The defendant thinking that sheepmen had a good a right to the use of the public highway as any other citizen appealed court demurrer to the Third district on on the ground that the law on which the decision was based was contrary to se ton 1 of the fourteenth amendment to the constitution of the United States The law Is found in section 2089 1 C L 1888 page 543 which reads Any person per-son 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 damages done by such animals In destroying the banks or rolling rocks Into or upon such highway high-way The demurrer was sustained and the Issues found for the defendant thus reversing the justices decision upon which the plaintiff appealed to the supreme su-preme court Attorney P S Richards on behalf of the appellant moved to carry the case Court to the United States Supreme |