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1934 - Pt. 1 Op. Mo. Att'y Gen. 1 (1934)

handle is hein.sag/sagmo0082 and id is 1 raw text is: 1 rCT. Where Zpecial oad iistrict irn gracdin a road damages Culvert driveway in front of farm home, said district is not liable for said damage. January 4nd, 1 9 4 Mr. J. Olin Taylor, County Clerk, Hermitage, Missouri. Dear Ar. Taylor: We have your letter of October 11, 1933 in which was con- tained a request for an opinion as follows: In view of the fact that a County road has been estab- lished, and a culvert sufficient for reasonable traffic placed in front of a Farm Home and that a special road district while grading said road removes said culvert, and that said culvert after the road is graded is not sufficient for driveway at this place. Who's duty is it to furnish mat rial for new culvert, Road District or individual who uses it as entrance to home. Nowhere in our statutes is there any rovision covering the above situation. In addition the courts of this state have never passed on the respective rights of parties under these given facts. In view of the foregoing,therefore, in order to renders sound opinion we must first enter the field of construction and analogy. In shot . we feel our opinion should be based on an application of the principles of negligence under the ciroamstances. We assume that the grading by the Special Road District in such a way as to destroy or render useless the culvert in question was the result of unintentional negligence on the part of such Special Road District. It is then only necessary to decide whether the Special Rond District is to be held responsible for such unintentional negligence. Special Road Districts in Hickory County are governed by Chapter 42, Article 9, Revised Statutes of Mi souri 1929. Section 8033,Chapter 42, Article 9 Revised Statutes of Missouri provides as follows: Sec. 803Z. Board's powers and duties. Said board shall have sole, exclusive and entire control and jurisdiction over all public highways within its district outside the corporate limits of any city or village therein to con- struct, improve and repair such highways, -and shall remove all obstructions from such highways, and for the discharge of these duties shall have all the power, rights Digitized from Best Copy Available

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