Carte v. Division of Highways

Claimant brought this action for water damage to her property which she alleges was caused by respondent’s failure to place proper drains and its negligent maintenance of the drainage ditch line on Big Fork Road in Elkview, Kanawha County. Big Fork Road is a road maintained by respondent. The Court is of the opinion to deny this claim for the reasons more fully stated below.

Claimant’s one acre property, which is located on Big Fork Road, is situated between a creek and a hill side. Respondent’s ditch line runs on the opposite side of the road from claimant’s house. The closest drain to…