Toppings v. Department of Highways

West Virginia Court of Claims

Toppings v. Department of Highways

11 Ct. Cl. 156

West Virginia Court of Claims·Decided July 19, 1976·No. No. D-987·Published

Opinion

PER CURIAM:

The claimant and respondent have filed a written Stipulation which reveals that in June of 1975, the respondent was upgrading Local Service Route 52/5 in Lincoln County, West Virginia, and in performing the upgrading adjacent to the property of the claimant, respondent’s machinery uprooted and destroyed certain trees on claimant’s property. As a result four (4) fruit trees and twenty-two (22) locust trees belonging to the claimant were destroyed, and that the fair market value of these trees was $710.00. Believing that liability rests with respondent and that the claimant’s damages are reasonable, we hereby award the claimant $710.00.

Award of $710.00.

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PER CURIAM:

The claimant and respondent have filed a written Stipulation which reveals that in June of 1975, the respondent was upgrading Local Service Route 52/5 in Lincoln County, West Virginia, and in performing the upgrading adjacent to the property of the claimant, respondent’s machinery uprooted and destroyed certain trees on claimant’s property. As a result four (4) fruit trees and twenty-two (22) locust trees belonging to the claimant were destroyed, and that the fair market value of these trees was $710.00. Believing that liability rests with respondent and that the claimant’s damages are reasonable, we hereby award the claimant $710.00.

Award of $710.00.

Toppings v. Department of Highways, 11 Ct. Cl. 156 (W. Va. Super. Ct. 1976).

Pincite

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