Show SEP OIK U LOSE Must Pay For Damage Done to the Highway BYTHE PASSING OF FLOCKS i IT S SUPREME COURT PACSES or THE TEST CASE State Court Reversed In Case of Arnerian Publishing Company vs Fisher Browing Company on the Nine Juror Verdict Question Lars Thompson Hot Allowed t Give Bond Sliscellaneous Supreme preme Court Items The state supreme court met yesterday yester-day in adjourned session with a full bench Considerable business came up including the receipt of two mandates from the United States supreme court as follows folowsSHEPlIT SHSEP2TE2T LOSE rust Make Gcd Carnage to Road I By Their Flocks Alfred G Brim road supervisor appellant I ap-pellant vs Thomas W Jones A mandate man-date was received from the United States supreme court affirming the judgment of the state supreme court The action began In the court of Justice E C Morse of Echo precinct Summit county where judgment was rendered for the plaintiff for the sum of 10 and 955 costs The allegations in the complaint were that on May 8 1S33 the defendant drove a band of sheep over a public highway in Echo canyon road district No2 that said highway is constructed on a hillside and that the sheep in traveling along the road damaged i by destroying the banks of the same and by causing rocks to roll into and upon such highway The damage to done amounted to 10 for which the justice gave judgment with costs The defendant thinking that sheep owners had as good a right to the use of the public highway as any other citizen appealed to the Third district court on demurrer on the ground that the law on which the decision was based was contrary to section 1 of the one hundred and fortieth amendment to the constitution of the United States The law is founded in section 20S9 1 C L iSIS page 513 which reads Any person who drives a herd of horses j I mulec asses cattle sheep goats or I swine over a public highway where such highway is constructed on a hill I side shall be liable for all damages done by such animals in destroying i i such the banks highway or rolling rocks into or upon The demurrer was sustained by the district court and the issues found for the defendant thus reversing the justices jus-tices decision upon which the plaintiff appealed to the state supreme court which reversed the district court holding I hold-ing that the law was constitutional The defendant then took the case to I the United States supreme court which now affirmed the state supreme court i and settles the question adversely to I the sheep owners who made it a test I case |