Durbin v. Department of Highways

Claimant seeks payment for damage to his barn wall allegedly caused by the improper construction of a highway berm which allowed water to flow onto his land. Bills totalling $420.15 were submitted as proof of the damage.

Claimant’s property, consisting of 27 acres, is located on both sides of Route 891 in Cameron, Marshall County, West Virginia. *303Mr. Durbin’s barn, a two-story structure, is situate 15-20 feet from the edge of the road. The top floor is almost level with the roadway, and the basement is below the elevation of the roadway.

On about the first day of June, 1981, rainwater flowed…