Downs v. State Road Commission

West Virginia Court of Claims

Downs v. State Road Commission

2 Ct. Cl. 303

CourtWest Virginia Court of Claims

DecidedJuly 12, 1944

DocketNo. 357-S

StatusPublished

This text of 2 Ct. Cl. 303 (Downs 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

Downs v. State Road Commission, 2 Ct. Cl. 303 (W. Va. Super. Ct. 1944).

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Opinion

CHARLES J. SCHUCK, Judge.

Claimant, J. M. Downs, seeks reimbursement for damages in the amount of $34.68, caused by a collision between a state road truck and claimant’s automobile. The accident happened in Marion county on route 250 on December 10, 1943. From the record, as submitted, it appears that the mechanism on the state road truck was defective causing the said truck to be suddenly thrown out of gear and driven forward colliding with claimant’s automobile passing at the time.

The state road commission does not contest the claimant’s right to an award for the said amount, but concurs in the claim for the amount aforesaid. We have carefully considered the case as submitted and are of the opinion that it should be entered as an approved claim and an award is made accordingly in the sum of thirty-four dollars and sixty-eight cents ($34.68).

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CHARLES J. SCHUCK, Judge.

Claimant, J. M. Downs, seeks reimbursement for damages in the amount of $34.68, caused by a collision between a state road truck and claimant’s automobile. The accident happened in Marion county on route 250 on December 10, 1943. From the record, as submitted, it appears that the mechanism on the state road truck was defective causing the said truck to be suddenly thrown out of gear and driven forward colliding with claimant’s automobile passing at the time.

The state road commission does not contest the claimant’s right to an award for the said amount, but concurs in the claim for the amount aforesaid. We have carefully considered the case as submitted and are of the opinion that it should be entered as an approved claim and an award is made accordingly in the sum of thirty-four dollars and sixty-eight cents ($34.68).

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Bluebook (online)

2 Ct. Cl. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downs-v-state-road-commission-wvctcl-1944.