Cottle v. Department of Highways

West Virginia Court of Claims

Cottle v. Department of Highways

12 Ct. Cl. 167

West Virginia Court of Claims·Decided August 10, 1978·No. No. CC-77-49·Published

Opinion

PER CURIAM:

The parties in this claim filed a written stipulation which revealed the following: that, on July 20, 1972, a “stone quarry agreement” was made between the claimant and respondent, under which the Department of Highways performed stone quarrying operations while constructing a highway near Scott Depot, West Virginia; that while engaged in the quarrying activities, the Department of Highways caused some degree of damage to claimant’s land; and that respondent is thereby liable to claimant for the sum of $1,200.00, which amount is a fair estimate of the damage sustained by the claimant.

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

Award of $1,200.00.

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PER CURIAM:

The parties in this claim filed a written stipulation which revealed the following: that, on July 20, 1972, a “stone quarry agreement” was made between the claimant and respondent, under which the Department of Highways performed stone quarrying operations while constructing a highway near Scott Depot, West Virginia; that while engaged in the quarrying activities, the Department of Highways caused some degree of damage to claimant’s land; and that respondent is thereby liable to claimant for the sum of $1,200.00, which amount is a fair estimate of the damage sustained by the claimant.

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

Award of $1,200.00.

Cottle v. Department of Highways, 12 Ct. Cl. 167 (W. Va. Super. Ct. 1978).

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