Stevens v. Department of Highways

GARDEN, JUDGE:

James Walter Stevens and Timothy Stevens were the owners of certain real estate situate on Jenny’s Creek in Mingo *181County, West Virginia. When the claim was filed, they were under the age of eighteen years, and consequently the claim was filed in their mother’s name as guardian. Their property was located on a hillside above Jenny’s Creek. On the property was a frame house consisting of five rooms and a bath. Farther up the hill and behind the house was an unimproved, narrow, two-lane road which was owned and maintained by the respondent. On the uphill side of this road was a…