
    
      Opinion issued September 9, 1975
    WESTFIELD INSURANCE COMPANY, SUBROGEE OF DAVID SAGO vs. DEPARTMENT OF HIGHWAYS
    (No. D-859)
    P. A. Rush,-representative of Insurance Co., for the claimant.
    
      Emerson Salisbury, Attorney at Law, for the Respondent.
   PER CURIAM:

Claimant, as subrogee of David Sago, alleges that on the 15th of March, 1974, while employees of the respondent were cutting brush and trees along State Route 19 at a point on said highway near what is known as Swisher’s Barbecue, David Sago, driving his automobile, was waved or signaled by a flagman of the respondent to pass through the area of such cutting, and while doing so his car was struck by a falling tree which damaged the car in the amount of $106.02. The parties having stipulated as to verity of such facts and the reasonableness of the amount of damages, we hereby award the claimant the sum of $106.02.

Award of $106.02.  