West Virginia Court of Claims January 17, 1986, CC-84-88 (Yeager, Inc. v. Department of Highways)

GRACEY, JUDGE:

This claim was bifurcated for separate hearings upon the issues of liability and damages. On December 19, 1985, the Court issued its opinion, upon the liability issue, finding that it was the obligation of the respondent, upon accepting the right of way instrument it had prepared and amended, and upon then constructing a 24-inch drain under property of Yeager, Incorporated, to