Valley Camp Stores Co. v. State Road Commission

WALTER M. ELSWICK, Judge.

On the 12th day of September 1938, there was a heavy rainfall in the hilly area drained by Gash ell’s run, a branch of Little Wheeling creek, in Ohio county, West Virginia, which caused a marked rise or freshet in the waters of Gashell’s run branch. The state road commission of West Virginia having charge of the maintenance and repair of national route 40 had permitted an accumulation of debris and dirt to remain under a culvert spanning Gashell’s run and it appears from the evidence adduced that by reason of this partial filling of the opening of said culvert there…