Korthals v. Department of Highways

West Virginia Court of Claims

Korthals v. Department of Highways

12 Ct. Cl. 53

CourtWest Virginia Court of Claims

DecidedDecember 12, 1977

DocketNo. D-1041

StatusPublished

This text of 12 Ct. Cl. 53 (Korthals v. 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

Korthals v. Department of Highways, 12 Ct. Cl. 53 (W. Va. Super. Ct. 1977).

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Opinion

PER CURIAM:

By written stipulation entered into by the claimants and the respondent and filed with the Court, it was stipulated that the claimants own property at #2 Cecil Place, in Wheeling, Ohio County, West Virginia. The right-of-way fence of Interstate 70 is located along the rear boundary line of claimants’ property. It was further stipulated that in the summer of 1975, the respondent sprayed a weed killer known as Hyvar X-L along its right-of-way fence adjacent to claimants’ property, knowing that Hyvar X-L killed weeds and plants by being absorbed into the soil and the roots of weeds and plants. As a result, at least 19 trees and 3 shrubs at the rear of claimants’ property died or were damaged in the amount of $3,500.00. On the basis of the above, and from the exhibits filed with the stipulation that the damages are reasonable, the Court believes that liability exists, and hereby directs an award to the claimants in the amount of $3,500.00.

Award of $3,500.00.

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PER CURIAM:

By written stipulation entered into by the claimants and the respondent and filed with the Court, it was stipulated that the claimants own property at #2 Cecil Place, in Wheeling, Ohio County, West Virginia. The right-of-way fence of Interstate 70 is located along the rear boundary line of claimants’ property. It was further stipulated that in the summer of 1975, the respondent sprayed a weed killer known as Hyvar X-L along its right-of-way fence adjacent to claimants’ property, knowing that Hyvar X-L killed weeds and plants by being absorbed into the soil and the roots of weeds and plants. As a result, at least 19 trees and 3 shrubs at the rear of claimants’ property died or were damaged in the amount of $3,500.00. On the basis of the above, and from the exhibits filed with the stipulation that the damages are reasonable, the Court believes that liability exists, and hereby directs an award to the claimants in the amount of $3,500.00.

Award of $3,500.00.

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12 Ct. Cl. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korthals-v-department-of-highways-wvctcl-1977.