Murray v. Department of Highways

West Virginia Court of Claims

Murray v. Department of Highways

15 Ct. Cl. 137

CourtWest Virginia Court of Claims

DecidedMay 4, 1984

DocketCC-83-279

StatusPublished

This text of 15 Ct. Cl. 137 (Murray 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

Murray v. Department of Highways, 15 Ct. Cl. 137 (W. Va. Super. Ct. 1984).

Pincite

Opinion

PER CURIAM:

[138]*138This claim was submitted on written stipulation that respondent is liable to claimant in the amount of $287.47 based upon the following facts.

Claimant is the owner of real property located near Reedsville in Preston County, W. Va. In the late fall of 1982, respondent erected a snow fence on claimant’s property with the permission of claimant. Respondent, in the process of removing the fence, negligently left fence posts in claimant’s field. Claimant was not aware that the posts had been left until his hay binder was damaged by driving over one of the posts.

The Court finds that respondent was negligent in failing to remove the fence posts and that this negligence was the proximate cause of the damages suffered by claimant. The Court, therefore, makes an award to claimant in the amount of $287.47.

Award of $287.47.

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PER CURIAM:

[138]*138This claim was submitted on written stipulation that respondent is liable to claimant in the amount of $287.47 based upon the following facts.

Claimant is the owner of real property located near Reedsville in Preston County, W. Va. In the late fall of 1982, respondent erected a snow fence on claimant’s property with the permission of claimant. Respondent, in the process of removing the fence, negligently left fence posts in claimant’s field. Claimant was not aware that the posts had been left until his hay binder was damaged by driving over one of the posts.

The Court finds that respondent was negligent in failing to remove the fence posts and that this negligence was the proximate cause of the damages suffered by claimant. The Court, therefore, makes an award to claimant in the amount of $287.47.

Award of $287.47.

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Bluebook (online)

15 Ct. Cl. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-department-of-highways-wvctcl-1984.