West Virginia Court of Claims, 1975

Kayser v. Department of Highways

Kayser v. Department of Highways
West Virginia Court of Claims · Decided September 9, 1975
11 Ct. Cl. 12

Counsel

Emerson Salisbury, Attorney at Law, for the respondent.

Kayser v. Department of Highways

Opinion of the Court

PER CURIAM:

Kenneth S. Kayser, owner of a tract of land in Lewis County, West Virginia, claims damages in the amount of $100.00 by reason of the acts of employees of the respondent on July 31, 1974 in cutting a right of way for a road and destroying claimant’s strawberry patch containing approximately 175 plants on a parcel of his land sixteen feet wide and forty-eight feet long. The parties have stipulated facts which cpnstitute negligence and that the amount of damages claimed is reasonable. The claimant is, accordingly, awarded the sum of $100.00.

Award of $100.00.

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