Murphy v. Adjutant General

West Virginia Court of Claims

Murphy v. Adjutant General

9 Ct. Cl. 9

CourtWest Virginia Court of Claims

DecidedJuly 16, 1971

DocketNo. D-445

StatusPublished

This text of 9 Ct. Cl. 9 (Murphy v. Adjutant General) 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

Murphy v. Adjutant General, 9 Ct. Cl. 9 (W. Va. Super. Ct. 1971).

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Opinion

PETROPLUS, JUDGE:

On July 22, 1970, personnel of the 19th Special Forces Group, while engaged in parachute dropping exercises at Camp Dawson in Preston County, West Virginia, landed in a field of growing crops belonging to the Claimant, Alvin E. Murphy. The parachutists were National Guardsmen. Respondent had leased from the Claimant the use of the uncultivated part of his property as a drop-zone at a nominal rent of $1.00, which Lease granted unto the State of West Virginia the right to conduct military parachute jumps on the Claimant’s property.

It appears from the Stipulation of Facts that Respondent conducted an investigation of the damage to the crops and that claims for torts committed by the personnel of the National Guard are not recognized until State remedies have been exhausted. The Respondent recommends that the claim be paid and no hearing is demanded.

[10]*10This claim is submitted under Chapter 14, Article 2, Section 17 of the Code, the shortened procedure, and has been approved by the Attorney General as one that should be paid.

Whereupon, upon consideration of the claim informally upon the record submitted, the Court determines that the claim should be entered as an approved claim and an award is made to the Claimant in the amount of $50.00.

Claim allowed in the amount of $50.00.

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PETROPLUS, JUDGE:

On July 22, 1970, personnel of the 19th Special Forces Group, while engaged in parachute dropping exercises at Camp Dawson in Preston County, West Virginia, landed in a field of growing crops belonging to the Claimant, Alvin E. Murphy. The parachutists were National Guardsmen. Respondent had leased from the Claimant the use of the uncultivated part of his property as a drop-zone at a nominal rent of $1.00, which Lease granted unto the State of West Virginia the right to conduct military parachute jumps on the Claimant’s property.

It appears from the Stipulation of Facts that Respondent conducted an investigation of the damage to the crops and that claims for torts committed by the personnel of the National Guard are not recognized until State remedies have been exhausted. The Respondent recommends that the claim be paid and no hearing is demanded.

[10]*10This claim is submitted under Chapter 14, Article 2, Section 17 of the Code, the shortened procedure, and has been approved by the Attorney General as one that should be paid.

Whereupon, upon consideration of the claim informally upon the record submitted, the Court determines that the claim should be entered as an approved claim and an award is made to the Claimant in the amount of $50.00.

Claim allowed in the amount of $50.00.

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Bluebook (online)

9 Ct. Cl. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-adjutant-general-wvctcl-1971.