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7 Ct. Cl. 152

Dotson v. State Road Commission

West Virginia Court of Claims

Decided September 9, 1968

West Virginia Court of Claims · decided 1968-09-09

Decided 1968-09-09

Ducker, Judge:

¶1Claimant 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.

¶2The 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.

¶3Award of $23.00.

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