Olive v. West Virginia Department of Highways

PETROPLUS, JUDGE:

This case was presented on a stipulation of facts agreed to by both parties, including the amount of damages.

The Claimant’s dwelling was located on a hillside adjacent to and below the level of West Virginia Route 14, South Hills area, in Charleston, West Virginia. On December 30, 1969, a landslide occurred above and behind Claimant’s residence at 527 Ferry Street, in said City of Charleston.

From the investigation of the Respondent, it was determined that a drain and drainage line on the side of the above mentioned road became clogged and obstructed with debris and refuse. As…