Show afford attorney by general renders rende opinion on road read damage age v the following is aa opinion rendered ered ay t the Ati attorney orney general of the z state clr 1 lr howard C means chlo chiba engineer state road Comin commission lion dear sir chave jl have your letter of october 3rd ard ih which you call my attention lon to a coition condition in some of the countries bf the state chere where stockmen stoc kmen are driving their cheep and cattle over the roads and damaging them alad and you ask ash the question asto whether ar or bathe state ath or tho b county or eithel can lea gally assess and collect damage for injuries done the highways cattle and sheep 1 you iou stat also that itis ibis your understanding th atthe state road commission can prohibit the driving of 0 tock stock over st state highway if such stock stoa are damaging 7 the th 1 highway to mw any extent a As to this letter tetter proposition I 1 will why may that suad subdivision division H of section r 2062 cha chapter ter 61 compiled laws of orvea oW t gives vea to the state road co ot sad no t i rf w tj on A go vering the coq us W y thy th tv public of stata roads such AS may be lessary to provide for abo safety and against of the state roads I 1 I 1 believe under this power centered upon the state road it would have the right to junke nake a aj I 1 rule prohibiting the arl driving p or cattle over certain highways put but 1 it would also be for you to tur furnish nish a way through which sheep or cattle or other animals may be driven in aitu of while thie the commission lins has the power to protect the highways the public at the same time have a right to use them and where reit it becomes necessary to drive sheep or cattle from one point to ann another ther within the state they may be driven along the highway unless some other course is provided As the right to collect damage for jury to the highway I 1 will say that it is wy my op pinion such right exists wt but it is confirmed to the county commissioners of the county in this connection I 1 call your attention to toe the provisions of section of the complied laws of utah 1917 which reads dby person who drives a heard heat dof of hoses hersea mules asses cattle sheep goates or seiw over a public highway where such highway Is a constructed on a hillside hillside hill mide nide shall be liable for any damage done by such animals in destroying the banks or rolling rocks into or upon such highway and th the action for such damage shall be brought in the name of the county wherein such damage is done and the amount amount received shall be paid in to tile the county treasury and it 1 I I 1 be ohp th duty of the county attorney or suo sud county to prosecute the notion action it will be seen from the language section that the right exists and the power is given exclusively so co the leaurie pheoh thea right yours truly signed H cluff attorney general cimeral job KIIS X qu oar specialty I 1 |