Underhill v. State

Holt, Justice.

Plaintiff sued the state for injuries to person and damage to property sustained in 1935 from an explosion in a garage at Sandstone, this state, where trucks of the maintenance department of the state trunk highway system were stored and repaired by employes of the state, who, it is alleged, negligently spilled large quantities of gasoline in the garage, causing the explosion. From the order sustaining a demurrer to the complaint, plaintiff appeals.

It is conceded that the state cannot be sued without its consent, 6 Dunnell, Minn. Dig. (2 ed. & Supps.) § 8831; Berman v. Minn.…