Legal Opinion · Dissent

Newlan v. State

Idaho Supreme Court

Decided April 30, 1975No. 11561, 11655Published

1DissentMcQUADE, Chief Justice

In Smith v. State,1 this Court renounced the doctrine of sovereign immunity as being a proposition of law which was outmoded, and contrary to the basic concept underlying the entire field of tort law that liability follows negligence and that individuals and corporations are responsible for the negligent acts of their agents and employees acting in the course of their employment. Today’s decision by a majority of this Court represents a retrenchment and breathes renewed life into a doctrine of law which I thought was laid to rest for good in Smith v. State. I must therefore respectfully…

2Cases cited12 opinions

  1. Reich v. State Highway DepartmentMichigan Supreme Court · 1972
  2. Smith v. StateIdaho Supreme Court · 1970
  3. Lunday Ex Rel. Lunday v. VogelmannSupreme Court of Iowa · 1973
  4. Turner v. StaggsNevada Supreme Court · 1973
  5. Schwartz v. Defender Ass'n of PhiladelphiaSupreme Court of the United States · 1973

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