Freeport Transport, Inc. v. Commonwealth, Department of Highways

CLAY, Commissioner.

Appellant’s truck skidded off U. S. Highway 23 in Lawrence County, causing extensive damage to the vehicle and cargo. A claim for approximately $6,000 was filed with the Board of Claims against the Department of Highways. The Board denied the claim on the grounds that (1) the defect in the highway was not negligently created, and (2) the Highway Department had no notice of the condition. The Board’s decision was upheld on appeal by the circuit court. Appellant contends the finding was erroneous as a matter of law because unsupported by substantial evidence (which we will…