Myers v. West Virginia Department of Highways

West Virginia Court of Claims

Myers v. West Virginia Department of Highways

9 Ct. Cl. 268

CourtWest Virginia Court of Claims

DecidedJune 11, 1973

DocketNo. D-582

StatusPublished

This text of 9 Ct. Cl. 268 (Myers 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

Myers v. West Virginia Department of Highways, 9 Ct. Cl. 268 (W. Va. Super. Ct. 1973).

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Opinion

DUCKER, JUDGE:

Claimants, Gertrude A. Meyers and Lena M. Brown, owners of property on Harrison Avenue Extension (Norton Road), a State controlled highway in Elkins, West Virginia, alleged destruction by fire of an outbuilding and its contents, numerous trees, and shrubbery, resulting from the use by employees of the respondent of an acetylene torch in repairing a sign on the highway. The blaze from the torch set the grass on fire which spread to the property of the claimants, allegedly causing damages in the amount of $3,823.24.

[269]*269Respondent admits that the fire and resulting damage were caused by the negligence of the employees of the respondent.

The parties have stipulated and agreed upon an amount of damages in the amount of $1,000.00, as being fair and reasonable, and this Court, so considering and approving the same, hereby awards to the claimants the sum of $1,000.00.

Award of $1,000.00.

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DUCKER, JUDGE:

Claimants, Gertrude A. Meyers and Lena M. Brown, owners of property on Harrison Avenue Extension (Norton Road), a State controlled highway in Elkins, West Virginia, alleged destruction by fire of an outbuilding and its contents, numerous trees, and shrubbery, resulting from the use by employees of the respondent of an acetylene torch in repairing a sign on the highway. The blaze from the torch set the grass on fire which spread to the property of the claimants, allegedly causing damages in the amount of $3,823.24.

[269]*269Respondent admits that the fire and resulting damage were caused by the negligence of the employees of the respondent.

The parties have stipulated and agreed upon an amount of damages in the amount of $1,000.00, as being fair and reasonable, and this Court, so considering and approving the same, hereby awards to the claimants the sum of $1,000.00.

Award of $1,000.00.

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9 Ct. Cl. 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-west-virginia-department-of-highways-wvctcl-1973.