Trump v. State Road Commission
| Decision Date | 26 November 1935 |
| Docket Number | C. C. 536. |
| Citation | 182 S.E. 760,116 W.Va. 625 |
| Parties | TRUMP v. STATE ROAD COMMISSION. |
| Court | West Virginia Supreme Court |
Submitted November 6, 1935.
Syllabus by the Court.
Prior to the effective date (May 16, 1933) of chapter 40, Acts of the First Extraordinary Session of 1933, the right of action under Code, 17-4-4, for damages to land growing out of the construction, alteration, or repair of a state road, arose if at all, exclusively against the county court of the county in which the land lay.
Certified from Circuit Court, Jefferson County.
Action of trespass on the case by F. O. Trump against the State Road Commission. A demurrer to the declaration was sustained and the ruling certified for review.
Affirmed.
D Grove Moler, of Martinsburg, for plaintiff.
Homer A. Holt, Atty. Gen., and J. F. Bouchelle, Asst. Atty. Gen for defendant.
F. O. Trump brought an action of trespass on the case in the circuit court of Jefferson county against the state road commission, alleging damages resulting from the alteration of the grade of a state road. A demurrer to his declaration was sustained, and the following questions of law arising thereon were certified to this court:
First. Can the state road commission of West Virginia be sued upon the grounds set forth in the declaration herein?
Second. Do section 1, article 2, and sections 5 and 6, article 4, chapter 40, 1933 First Extraordinary Session, authorize a suit against the state road commission?
Third. Does chapter 40, 1933 First Extraordinary Session, repeal section 4, article 4, chapter 17, Code of 1931?
Fourth. Is the state road commission liable for the cost of acquiring rights of way for a state road and damages to land caused by its construction, repair, and maintenance thereof, acquired or damaged prior to May 16, 1933?
Fifth. Does the statute of limitations bar recovery for wrongs and injuries declared on?
Going at once to the certified question which, in our opinion disposes of the case here, we find that the fourth question propounded is, in effect, whether the state road commission is liable for the damages declared on incurred by the plaintiff prior to the effective date of chapter 40 of the Acts of the First Extraordinary Session of the Legislature of 1933, sometimes referred to as the ""secondary road law." It is not necessary, we believe, for us to decide, in this case, whether the act last referred to...
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