(DOWNLOAD) "Coldwater v. State Highway" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Coldwater v. State Highway
- Author : Supreme Court of Montana
- Release Date : January 23, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. Highways ? Maintenance methods discretionary. Where a statute provided that maintenance and repair of highways should be performed under rules and regulations formulated by the Highway Commission, the method of carrying out of such work was left to the discretion of the Commission. 2. Highways ? Highway Commission acts as a governmental function. The Highway Commission is an agency of the state for the accomplishment of the governmental function of establishing, constructing and maintaining a system of highways within the state for the use, convenience and benefit of the public. 3. Highways ? Suit against the state. In performing the duties imposed upon it by law, the Highway Commission acts in a governmental capacity and since the states immunity from suit extends to the boards and commissions through which it must act, the Highway Commission was not liable for the - Page 66 death of an occupant of an automobile which skidded from the highway allegedly as a result of a defective condition of the highway and the absence of warning signs. 4. Pleading ? Statement of cause of action. Whether a complaint states a cause of action must be determined from the allegations of fact therein and not from the pleaders conclusions. 5. Highways ? Liability of individual commissioners. The members of the Commission are not required to personally supervise the repair and maintenance of the highways and cannot be held liable except for willful or malicious negligence, and hence, as here, there was no notice of the negligence of the employees and doctrine of respondeat superior not being applicable, the commissioners could not be held individually liable. 6. Constitutional Law ? Immunity. Immunity of state cannot be repudiated by courts.
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