West Virginia Court of Claims, 1968

Dotson v. State Road Commission

Dotson v. State Road Commission
West Virginia Court of Claims · Decided September 9, 1968 · Ducker
7 Ct. Cl. 152

Counsel

No one appeared for the Claimant., Thomas P. O’Brien, Assistant Attorney General, and Robert R. Harpold, Jr. for the State Road Commission.

Dotson v. State Road Commission

Opinion of the Court

Ducker, Judge:

Claimant alleges that on December 8, 1967 at about 11:00 o’clock a.m. he was driving a 1967, 3/4 ton pickup truck on State Route 49, seven miles south of Matewan in Mingo County, West Virginia, when he was required by a State Road Commission flagman to stop his truck to allow the State Road Commission employees to put off a blasting shot, and that as a result of such shot a rock landed on the hood of claimant’s truck and damaged the same to the extent of $23.00.

The facts and the extent of the damages as alleged by claimant are stipulated as true by the Attorney General, and, consequently, we are of the opinion that it is a claim which in good conscience should be paid, and therefore we hereby award to the claimant, C. L. Dotson, the sum of $23.00.

Award of $23.00.

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