Coldwater v. State Highway Commission

I concur in the conclusion that the Highway Commission, as such, cannot be held liable in court proceedings for the alleged torts of its members. The rule is of long standing that the King can do no wrong. From that simple statement there grew up the further equally fallacious idea that a state or a nation can do no wrong and hence may not be sued without their consent.

The State of Montana has never given its consent to be sued in court for an alleged tort. The only remedy provided by our laws for such a wrong as against the state is to go before the state board of examiners. Sec. 20 of Art.…