Mullins v. Department of Highways

JONES, JUDGE:

The claimant, Paul J. Mullins alleges in his petition that on June 24, 1971, he hit a rock, the size of a basketball, which was lying in the southbound lane of traffic on State Route No. 14, known as *222Ferry Branch Road, in the City of Charleston, with his 1966 Cadillac automobile, causing damage thereto in the amount of $235.48. The petitioner further alleges that the rock had fallen from the right of way above the road and that the claimant could not avoid hitting the rock because of oncoming traffic.

Further explaining the circumstances surrounding the accident, the claimant…