Hobbs v. Division of Highways

Claimants brought this action for damage to real estate located in Mingo County which property is adjacent to County Route 1, commonly referred to as East Fork of Twelve Pole Road. Damage has occurred to claimants’ property as the result of a drain placed beneath East Fork of Twelve Pole Road in 1976 at which time claimants gave respondent an easement for drainage across their property. As a result of the water flowing from the culvert installed by respondent beneath East Fork of Twelve Pole Road, claimants have had water flowing onto their property such that it is now unsuitable for the…