Yerkovich v. Department of Highways

West Virginia Court of Claims

Yerkovich v. Department of Highways

15 Ct. Cl. 30

CourtWest Virginia Court of Claims

DecidedOctober 18, 1983

DocketCC-82-224

StatusPublished

This text of 15 Ct. Cl. 30 (Yerkovich 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

Yerkovich v. Department of Highways, 15 Ct. Cl. 30 (W. Va. Super. Ct. 1983).

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Opinion

PER CURIAM:

This claim was submitted upon written stipulation which revealed [31]*31the following facts: Claimant is the owner of real property located on Route 1, Worthington, Harrison County, West Virginia. In early summer, 1982, respondent placed a concrete drainage vessel under Local Service Route 44/6 and caused a certain portion of the drainage system and two holes to be constructed on claimant’s property. Respondent did not obtain a drainage easement from claimant. In the course of claimant’s operating his hay baler on his property, the hay baler slipped into a hole, sustaining damage to its axle. The parties agree that $84.62 is a fair and equitable estimate of the damages sustained by claimant.

As the respondent’s negligence in digging the hole on claimant’s property was the proximate cause of the damages suffered by claimant, the Court hereby makes an award to the claimant in the amount stipulated.

Award of $84.62.

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PER CURIAM:

This claim was submitted upon written stipulation which revealed [31]*31the following facts: Claimant is the owner of real property located on Route 1, Worthington, Harrison County, West Virginia. In early summer, 1982, respondent placed a concrete drainage vessel under Local Service Route 44/6 and caused a certain portion of the drainage system and two holes to be constructed on claimant’s property. Respondent did not obtain a drainage easement from claimant. In the course of claimant’s operating his hay baler on his property, the hay baler slipped into a hole, sustaining damage to its axle. The parties agree that $84.62 is a fair and equitable estimate of the damages sustained by claimant.

As the respondent’s negligence in digging the hole on claimant’s property was the proximate cause of the damages suffered by claimant, the Court hereby makes an award to the claimant in the amount stipulated.

Award of $84.62.

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Bluebook (online)

15 Ct. Cl. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yerkovich-v-department-of-highways-wvctcl-1983.