Show I 1 it harvey cluff rules county must collect damages dama es V STOCK MAY UK DRIVEN OVER Q STATI 1 HIGHWAYS IV 4 gitil 1 NOT 46 II 11 cluff attorney general in reply to 0 o an inquiry of howard Howar 0 glenns chief engineer 1 of the state road commission under datu of oct 24 writes ad follow follows concerning berning t thu the driving of shoup aud caille over thu the tato state roads 1 I have your letter 0 of october 3rd ard in iq which you call my attention to a condition in somo of tho the counties count loe of theft tato wherle stockmen aro are their and cattle over the roada roads and damaging them and you dele deli tho tile as a to whether or rot not tho the state road commission or tho the county commissioners or either cau can legally and collect damages for In jurle dono done the highway by cattle and sheep you tato state alao that it ie in your understanding that tho the atao 1 road commission comm leelon caa prohibit tho the driving of stock over highways if such stock are dani aging tho the highways to any extent an to this latter I 1 will say that subdivision sub division 11 of section chapter 61 compiled laws of 1921 to the state hood road Com commissioned power 11 to formulate rules and regulations governing the use by tho the public of state ronde roads uch such as may ba be necessary to provide for the public safety and against undue uee use of tho tato state road roads 1 I believe under this power conferred upon the state road commission it would havo have the right to make a rulo rule prohibiting tho driving of sheep or cattle oyer certain highways but it would also be for you i to furnish a way through which sheep or cattle or other animals may be driven in lieu of the eald amid highway whilo while 11 liae ilan tho the power to too protect the high wayn tho the public at tho the same time have a right to uee use them and whore where it becomes necessary to drive sheep or cattle from ono one point to another within tho the state they may bo be driven drivon alone along the highway unless some other course ie Is provided As to too tho the right tp collect damages for injury to the highway I X will say that it la is my opinion euch such rights exists but it la Is confined to the county commissioners of the county in this connection I 1 call your attention to the provisions of section 2841 2842 of the complied compiled laws of utah 1817 which read 11 any person who drives a herd of horses mules asses cattle sheep koats goats or swine over a public highway where euch such highway 18 cor cart strutted ted on a hillside shall be liable for any damage done by such animate animals in destroying tho the banks or rolling rocks into or upon such hig Ilig liway hway and the for btuch damage shall bo be brought in the name of too the county wherein such dam aa mag age r tx dono and the amount re calved shall bo be paid into the county and it shall bo be tho the duty of the tile courty attorney of euch such county to prosecute tho the action it will ho he seen from the language of this thir section that the right exists and the power ie is given exclusively to the county to enforce the right |