Monongahela Power Co. v. Department of Highwayys

West Virginia Court of Claims

Monongahela Power Co. v. Department of Highwayys

10 Ct. Cl. 39

CourtWest Virginia Court of Claims

DecidedDecember 3, 1973

DocketNo. D-645d

StatusPublished

This text of 10 Ct. Cl. 39 (Monongahela Power Co. v. Department of Highwayys) 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

Monongahela Power Co. v. Department of Highwayys, 10 Ct. Cl. 39 (W. Va. Super. Ct. 1973).

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Opinion

JONES, JUDGE:

This claim in the amount of $65.04 is for damage to property of the claimant, Monongahela Power Company, while the respondent, Department of Highways, was cutting right of way on March 21, 1972, at Windyville Road, State Secondary Route No. 24/3. It appears from the statements of two of the respondent’s employees that a tree was cut and permitted to fall into the claimant’s power lines, resulting in a fire. A 7200 volt primary line was broken.

Having read and considered the claimant’s petition, the respondent’s answer thereto, and statements of witnesses, the Court is of opinion that the claimant’s damages are the result of the respondent’s negligence, and that the amount claimed is fair and reasonable.

Award: $65.04.

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JONES, JUDGE:

This claim in the amount of $65.04 is for damage to property of the claimant, Monongahela Power Company, while the respondent, Department of Highways, was cutting right of way on March 21, 1972, at Windyville Road, State Secondary Route No. 24/3. It appears from the statements of two of the respondent’s employees that a tree was cut and permitted to fall into the claimant’s power lines, resulting in a fire. A 7200 volt primary line was broken.

Having read and considered the claimant’s petition, the respondent’s answer thereto, and statements of witnesses, the Court is of opinion that the claimant’s damages are the result of the respondent’s negligence, and that the amount claimed is fair and reasonable.

Award: $65.04.

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Bluebook (online)

10 Ct. Cl. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monongahela-power-co-v-department-of-highwayys-wvctcl-1973.