State Farm Mutual Automobile Insurance ex rel. Mullenax v. State Road Commission

Ducker, Judge:

Claimant on December 21, 1966 filed with the Attorney General of West Virginia a claim of $88.79 for damages to the automobile of its insured, Rolland Carl Mullenax, alleged to have been caused by rocks and boulders in U. S. Route 220 in Grant County, West Virginia, and the case was heard by this Court.

The facts as stipulated by counsel for the claimant and the Attorney General were that at about 3:00 a.m. on January 3, 1965, when claimant was driving his automobile, a 1963 Chevrolet, on U. S. Route 220, then covered with snow, near Peters-burg, Grant County, West Virginia, from…