Cobb v. State Road Commission

West Virginia Court of Claims

Cobb v. State Road Commission

1 Ct. Cl. 77

CourtWest Virginia Court of Claims

DecidedJanuary 24, 1942

DocketNo. 59-S

StatusPublished

This text of 1 Ct. Cl. 77 (Cobb 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

Cobb v. State Road Commission, 1 Ct. Cl. 77 (W. Va. Super. Ct. 1942).

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Opinion

WALTER M. ELSWICK, Judge.

On September 25, 1942, near Bridgeport, claimant’s car ran over a metal flag left in a curve in traffic lane inside newly painted white line where metal flag could not be seen in time to avoid striking it when claimant’s tire and tube was punctured and left in such condition that it was necessary to purchase a new tire and tube at a cost of $13.55, and fifty cents for changing tire. The claim is presented for $7.00, after allowing depreciation by wear and tear of tire and tube damaged. The claim was referred to the court of claims by the state road commission in pursuance of section 17 of the court act, and the state road commission concurs in the payment of the claim for $7.00. The attorney general approves its payment.

After reviewing the record and finding no reason for rejecting an award, in view of the recommendation of the state road commission and the approval of the attorney general, we are of the opinion that the award should be made.

We, therefore, award to the claimant the sum of seven dollars ($7.00.)

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WALTER M. ELSWICK, Judge.

On September 25, 1942, near Bridgeport, claimant’s car ran over a metal flag left in a curve in traffic lane inside newly painted white line where metal flag could not be seen in time to avoid striking it when claimant’s tire and tube was punctured and left in such condition that it was necessary to purchase a new tire and tube at a cost of $13.55, and fifty cents for changing tire. The claim is presented for $7.00, after allowing depreciation by wear and tear of tire and tube damaged. The claim was referred to the court of claims by the state road commission in pursuance of section 17 of the court act, and the state road commission concurs in the payment of the claim for $7.00. The attorney general approves its payment.

After reviewing the record and finding no reason for rejecting an award, in view of the recommendation of the state road commission and the approval of the attorney general, we are of the opinion that the award should be made.

We, therefore, award to the claimant the sum of seven dollars ($7.00.)

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1 Ct. Cl. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cobb-v-state-road-commission-wvctcl-1942.