Broyles v. State Road Commission

West Virginia Court of Claims

Broyles v. State Road Commission

1 Ct. Cl. 340

CourtWest Virginia Court of Claims

DecidedNovember 17, 1942

DocketNo. 204-S

StatusPublished

This text of 1 Ct. Cl. 340 (Broyles v. State Road Commission) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broyles v. State Road Commission, 1 Ct. Cl. 340 (W. Va. Super. Ct. 1942).

Pincite

Opinion

WALTER M. ELSWICK, Judge.

A right-of-way for a state road was obtained from claimant by the state road commission through her lands in Monroe county, West Virginia,, with the agreement that the state road commission would construct a fence between her pasture and the new state road commission bridge across Hands creek in Monroe county. The fence was not constructed in accordance with the agreement and claimant’s yearling calf ran astray from its pasture to the bridge and ate red lead paint off the bridge. The yearling was fatally poisoned from the lead paint and claimant’s loss amounted to the sum of $50.00, for which claim was submitted.

The state road commission submitted the claim to the court under the shortened procedure, and the claim was considered informally by the court. The attorney general concurs in and approves payment of the claim.

We, therefore, recommend that the claimant, Mrs. Minnie Broyles, be paid the sum of fifty dollars ($50.00), and make an award to her for said sum.

Free access — add to your briefcase to read the full text and ask questions with AI

WALTER M. ELSWICK, Judge.

A right-of-way for a state road was obtained from claimant by the state road commission through her lands in Monroe county, West Virginia,, with the agreement that the state road commission would construct a fence between her pasture and the new state road commission bridge across Hands creek in Monroe county. The fence was not constructed in accordance with the agreement and claimant’s yearling calf ran astray from its pasture to the bridge and ate red lead paint off the bridge. The yearling was fatally poisoned from the lead paint and claimant’s loss amounted to the sum of $50.00, for which claim was submitted.

The state road commission submitted the claim to the court under the shortened procedure, and the claim was considered informally by the court. The attorney general concurs in and approves payment of the claim.

We, therefore, recommend that the claimant, Mrs. Minnie Broyles, be paid the sum of fifty dollars ($50.00), and make an award to her for said sum.

Cite This Page — Counsel Stack

Bluebook (online)

1 Ct. Cl. 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broyles-v-state-road-commission-wvctcl-1942.