Goddard v. Department of Corrections

West Virginia Court of Claims

Goddard v. Department of Corrections

14 Ct. Cl. 281

CourtWest Virginia Court of Claims

DecidedDecember 6, 1982

DocketCC-81-301

StatusPublished

This text of 14 Ct. Cl. 281 (Goddard v. Department of Corrections) 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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Goddard v. Department of Corrections, 14 Ct. Cl. 281 (W. Va. Super. Ct. 1982).

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Opinion

PER CURIAM:

Claimants are the owners of property located on McConnell Drive in Moundsville, West Virginia, behind the West Virginia State Penitentiary. They seek damages in the amount of [282]*282$2,723.00 allegedly caused by the negligence of the respondent when the penitentiary installed a new sewer system. The old sewer and two catch basins were remove’d. Since the catch basins were taken out, surface water has flowed through the field behind the penitentiary and down onto claimants’ property. On June 25, 1981, the water ran below the foundation of claimants’ house and through the basement, cracking the rear wall. Also damaged were the water heater, furnace, and dryer. There had been no problems with surface water before the installation of the new sewer. After the June 1981 flooding, penitentiary personnel used a backhoe to dig a ditch to drain the water from claimants’ property.

The preponderance of the evidence presented herein shows that the sewer system constructed by the respondent caused a substantial increase in the volume of surface water flowing onto the claimants’ land. It is a general rule of law that one who, by means of artificial channels, collects surface water in a body or mass and discharges it upon adjacent land is liable for any resulting damage. Willston Apartment, Section F, Inc. v. Berger, 229 Fed. Supp. 338 (E.D. Va. 1964). Accordingly, the Court makes an award of $2,723.00 to the claimants.

Award of $2,723.00.

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PER CURIAM:

Claimants are the owners of property located on McConnell Drive in Moundsville, West Virginia, behind the West Virginia State Penitentiary. They seek damages in the amount of [282]*282$2,723.00 allegedly caused by the negligence of the respondent when the penitentiary installed a new sewer system. The old sewer and two catch basins were remove’d. Since the catch basins were taken out, surface water has flowed through the field behind the penitentiary and down onto claimants’ property. On June 25, 1981, the water ran below the foundation of claimants’ house and through the basement, cracking the rear wall. Also damaged were the water heater, furnace, and dryer. There had been no problems with surface water before the installation of the new sewer. After the June 1981 flooding, penitentiary personnel used a backhoe to dig a ditch to drain the water from claimants’ property.

The preponderance of the evidence presented herein shows that the sewer system constructed by the respondent caused a substantial increase in the volume of surface water flowing onto the claimants’ land. It is a general rule of law that one who, by means of artificial channels, collects surface water in a body or mass and discharges it upon adjacent land is liable for any resulting damage. Willston Apartment, Section F, Inc. v. Berger, 229 Fed. Supp. 338 (E.D. Va. 1964). Accordingly, the Court makes an award of $2,723.00 to the claimants.

Award of $2,723.00.

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14 Ct. Cl. 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goddard-v-department-of-corrections-wvctcl-1982.