Baker v. Department of Highways

WALLACE, JUDGE:

In August 1980, severe rains caused flooding in Monongalia *425County, West Virginia, washing out a number of roads. The respondent used rocks to stabilize stream banks along many of these roads. On August 20, 1980, the claimant was requested to furnish rocks, which were a by-product of claimant’s strip mining operation. Rocks were loaded on respondent’s trucks between August 20 and October 6, 1980. The respondent has refused to pay for the rock supplied by the claimant and the claimant now seeks an award of $22,800.00 for the rock.

The evidence elicited at the hearing was in…