Cosner v. Department of Highways

West Virginia Court of Claims

Cosner v. Department of Highways

12 Ct. Cl. 240

CourtWest Virginia Court of Claims

DecidedJanuary 9, 1979

DocketNo. CC-78-182

StatusPublished

This text of 12 Ct. Cl. 240 (Cosner v. 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.

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Cosner v. Department of Highways, 12 Ct. Cl. 240 (W. Va. Super. Ct. 1979).

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Opinion

PER CURIAM:

This claim was submitted upon a duly executed written stipulation to the effect that the respondent is liable for [241]*241damages in the sum of $246.00, based upon the following facts: During the months of January, February, and March of 1978, heavy snow caused the respondent to perform snow removal operations on County Route 15/1, also known as Broad Hollow Road, in Mineral County. Route 15/1 is owned and maintained by the respondent.

In the course of these snow removal operations, respondent was negligent, and damaged claimant’s fencing on that part of his land adjacent to the road. Since the respondent’s negligence was the proximate cause of the claimant’s damage, the respondent is liable to the claimant for the sum of $246.00, which is a fair and equitable estimate of the damage.

Based on the foregoing facts, an award in the above amount is hereby made.

Award of $246.00.

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PER CURIAM:

This claim was submitted upon a duly executed written stipulation to the effect that the respondent is liable for [241]*241damages in the sum of $246.00, based upon the following facts: During the months of January, February, and March of 1978, heavy snow caused the respondent to perform snow removal operations on County Route 15/1, also known as Broad Hollow Road, in Mineral County. Route 15/1 is owned and maintained by the respondent.

In the course of these snow removal operations, respondent was negligent, and damaged claimant’s fencing on that part of his land adjacent to the road. Since the respondent’s negligence was the proximate cause of the claimant’s damage, the respondent is liable to the claimant for the sum of $246.00, which is a fair and equitable estimate of the damage.

Based on the foregoing facts, an award in the above amount is hereby made.

Award of $246.00.

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12 Ct. Cl. 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosner-v-department-of-highways-wvctcl-1979.