West Virginia Court of Claims, 1982

Tri-City Welding Supply Co. v. Department of Highways

Tri-City Welding Supply Co. v. Department of Highways
West Virginia Court of Claims · Decided October 26, 1982 · Wallace
14 Ct. Cl. 259

Counsel

A. J. Massinople for claimant., Stuart Reed Waters, Jr., Attorney at Law, for respondent.

Tri-City Welding Supply Co. v. Department of Highways

Opinion of the Court

WALLACE, JUDGE:

This claim was submitted for determination upon a stipulation indicating that the claimant supplied the respondent’s Equipment Division with oxygen and acetylene in cylinders; that it is common custom and practice in the welding industry that cylinders are loaned to customers; that eight cylinders belonging to the claimant were lost due to the negligence of the respondent; that this negligence was the proximate cause of the damages suffered by the claimant, and that the sum of $1,394.00 is a fair and reasonable amount for the lost cylinders.

Accordingly, the Court makes an award to the claimant in the amount stipulated.

Award of $1,394.00.

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