Taylor v. Department of Highways

West Virginia Court of Claims

Taylor v. Department of Highways

14 Ct. Cl. 386

CourtWest Virginia Court of Claims

DecidedFebruary 9, 1983

DocketCC-82-243

StatusPublished

This text of 14 Ct. Cl. 386 (Taylor 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

Taylor v. Department of Highways, 14 Ct. Cl. 386 (W. Va. Super. Ct. 1983).

Pincite

Opinion

PER CURIAM:

At approximately 7:30 p.m. on September 6, 1982, the claimant was driving his 1973 Buick Electra on West Virginia Route 60 towards South Charleston, West Virginia. He turned off West Virginia Route 60 onto Faulkner Street. Four or five feet from the corner of West Virginia Route 60 the claimant’s car struck a manhole which was protruding above the level of Faulkner Street, which is a gravel road. The vehicle sustained damages in the amount of $832.15.

The testimony revealed that the manhole in question is not maintained by respondent, but is probably maintained by the Sanitary Board of St. Albans. It was not established whether the manhole was within respondent’s right-of-way. As it was not established that the respondent was responsible for the maintenance of either the manhole or the roadway around the manhole, the Court is of the opinion, and does, deny the claim.

Claim disallowed.

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PER CURIAM:

At approximately 7:30 p.m. on September 6, 1982, the claimant was driving his 1973 Buick Electra on West Virginia Route 60 towards South Charleston, West Virginia. He turned off West Virginia Route 60 onto Faulkner Street. Four or five feet from the corner of West Virginia Route 60 the claimant’s car struck a manhole which was protruding above the level of Faulkner Street, which is a gravel road. The vehicle sustained damages in the amount of $832.15.

The testimony revealed that the manhole in question is not maintained by respondent, but is probably maintained by the Sanitary Board of St. Albans. It was not established whether the manhole was within respondent’s right-of-way. As it was not established that the respondent was responsible for the maintenance of either the manhole or the roadway around the manhole, the Court is of the opinion, and does, deny the claim.

Claim disallowed.

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14 Ct. Cl. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-department-of-highways-wvctcl-1983.