
    
      Opinion issued August 10, 1978
    
    B. H. COTTLE AND B. H. COTTLE, EXECUTOR OF THE ESTATE OF LUCY M. COTTLE, DECEASED vs. DEPARTMENT OF HIGHWAYS
    (No. CC-77-49)
    No appearance by claimant.
    
      Henry Haslebacher, Attorney at Law, for respondent.
   PER CURIAM:

The parties in this claim filed a written stipulation which revealed the following: that, on July 20, 1972, a “stone quarry agreement” was made between the claimant and respondent, under which the Department of Highways performed stone quarrying operations while constructing a highway near Scott Depot, West Virginia; that while engaged in the quarrying activities, the Department of Highways caused some degree of damage to claimant’s land; and that respondent is thereby liable to claimant for the sum of $1,200.00, which amount is a fair estimate of the damage sustained by the claimant.

Based on the foregoing, an award in the above amount is hereby made.

Award of $1,200.00.  