Upton v. State Road Commission

WALTER M. ELSWICK, Judge.

From the evidence submitted it appears that on the night of September 29, 1941, the claimant, Lon E. Upton, while walking on the Ford Run road in Barbour county, West Virginia, stepped off the upper edge of a bridge or culvert spanning a stream known as Ford Run, and fell into the bed of the stream. The stream bed consisted of a rock bottom and the stream was practically dry at the time. Claimant fell about seven and one-half feet from the top of the bridge covering to the stream bottom.

*135It further appears from the evidence that when this bridge or culvert structure…