Davis v. State Conservation Commission

West Virginia Court of Claims

Davis v. State Conservation Commission

3 Ct. Cl. 89

West Virginia Court of Claims·Decided July 12, 1945·No. No. 466-S·Published

Opinion

G. H. A. KUNST, Judge.

On January 17, 1945, on U. S. highway No. 119, at Five Block, near Sharpies, West Virginia, claimant’s automobile collided with a fallen telephone pole, rotted at the ground and broken by a heavy fall of snow, which extended into the road. It was a pole in a telephone line leading to a fire tower both belonging to respondent and which it had negligently failed to remove. The cost of repairing the resultant damage to the car was $29.64, for which claim is made.

Respondent having recommended and the attorney general having approved its payment an award of twenty-nine dollars and sixty-four cents ($29.64) is made to claimant.

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G. H. A. KUNST, Judge.

On January 17, 1945, on U. S. highway No. 119, at Five Block, near Sharpies, West Virginia, claimant’s automobile collided with a fallen telephone pole, rotted at the ground and broken by a heavy fall of snow, which extended into the road. It was a pole in a telephone line leading to a fire tower both belonging to respondent and which it had negligently failed to remove. The cost of repairing the resultant damage to the car was $29.64, for which claim is made.

Respondent having recommended and the attorney general having approved its payment an award of twenty-nine dollars and sixty-four cents ($29.64) is made to claimant.

Davis v. State Conservation Commission, 3 Ct. Cl. 89 (W. Va. Super. Ct. 1945).

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