Cantley v. West Virginia Department of Highways

West Virginia Court of Claims

Cantley v. West Virginia Department of Highways

10 Ct. Cl. 85

CourtWest Virginia Court of Claims

DecidedFebruary 13, 1974

DocketNo. D-664

StatusPublished

This text of 10 Ct. Cl. 85 (Cantley v. West Virginia Department of Highways) 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

Cantley v. West Virginia Department of Highways, 10 Ct. Cl. 85 (W. Va. Super. Ct. 1974).

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Opinion

DUCKER, JUDGE:

Claimant alleges that on or about June 22, 1973, the respondent sprayed its right of way on Route 3, Alderson, West Virginia, adjacent to claimant’s vegetable garden, with a herbicide known as Dupont Hyvar XL, and again on or about June 28 and 29, 1973 with a herbicide known as Herbicide 2-4D which caused the vegetables in the garden to wilt and die, resulting in a loss to the claimant in the amount of $250.00.

As the parties have stipulated that the alleged facts are true, that [86]*86the amount claimed is reasonable and that the cause of the damage was the result of negligence on the part of the respondent, the Court is of the opinion to, and does hereby award the claimant the sum of $250.00.

Award of $250.00.

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DUCKER, JUDGE:

Claimant alleges that on or about June 22, 1973, the respondent sprayed its right of way on Route 3, Alderson, West Virginia, adjacent to claimant’s vegetable garden, with a herbicide known as Dupont Hyvar XL, and again on or about June 28 and 29, 1973 with a herbicide known as Herbicide 2-4D which caused the vegetables in the garden to wilt and die, resulting in a loss to the claimant in the amount of $250.00.

As the parties have stipulated that the alleged facts are true, that [86]*86the amount claimed is reasonable and that the cause of the damage was the result of negligence on the part of the respondent, the Court is of the opinion to, and does hereby award the claimant the sum of $250.00.

Award of $250.00.

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Bluebook (online)

10 Ct. Cl. 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantley-v-west-virginia-department-of-highways-wvctcl-1974.