Hodge v. West Virginia Department of Highways

10 Ct. Cl. 78
CourtWest Virginia Court of Claims
DecidedFebruary 7, 1974
DocketNo. D-665
StatusPublished
Cited by1 cases

This text of 10 Ct. Cl. 78 (Hodge v. West Virginia 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.

Bluebook
Hodge v. West Virginia Department of Highways, 10 Ct. Cl. 78 (W. Va. Super. Ct. 1974).

Opinion

DUCKER, JUDGE:

Claimant, James Hodge, a resident of Alderson, West Virginia, alleges that on or about June 22, 1973 the respondent sprayed its right of way in the general area of claimant’s vegetable garden with a herbicide known as Dupont Hyvar XL and on June 28th and 29th, 1973 it sprayed that right of way with a herbicide known as Herbicide 2-4D, and that in doing so various kinds of vegetables in claimant’s garden wilted and died. The facts alleged by claimant are by stipulation of the parties admitted and the damages agreed upon as amounting to $162.20.

Accordingly, the Court, finding that the loss has been caused by the acts of the respondent and that the estimate of the loss is fair and reasonable, hereby awards the claimant the sum of $162.20.

Award of $162.20.

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Related

Walker's Executors v. United States
12 Ct. Cl. 408 (Court of Claims, 1876)

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Bluebook (online)
10 Ct. Cl. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-west-virginia-department-of-highways-wvctcl-1974.