Jett v. Department of Highways

GARDEN, JUDGE:

Claimants are the owners of real estate and a residence located on West Virginia Secondary Route 8 in Jackson County, West Virginia, adjacent to Interstate 77. On or about July 11, 1976, a heavy rainfall occurred and water from Little Sandy Creek flooded claimants’ property and residence. A second flood occurred in July 1977. The claimants and the respondent stipulated that damage to claimants’ property amounted to $935.00 as a result of the first flood.

The claimants allege that negligent maintenance of a channel *251and the construction of an inadequate culvert under 1-77 were the…