Legal Opinion · Dissent

Newman v. State ex rel. Board of Regents for the Oklahoma Agricultural & Mechanical Colleges

Supreme Court of Oklahoma

Decided June 29, 1971No. 42837Published

1DissentHodges, Justice

Governmental immunity is an anachronism that has long outlived its purpose, design or reasoning. The doctrine had its dubious inception in the feudal days where the authority was the King having some claim of divine rights and the medieval notion that the King can do no wrong. Per*1082haps the following caricature more illustrates its ludicrous beginning:

A long time ago a lawyer was employed by an unfortunate fellow who had lost his leg when recklessly run down by the King’s carriage. Finding a great reluctance on the part of judges, who were appointed by the King, to entertain his poor client’s…

2Cases cited19 opinions

  1. Molitor v. Kaneland Community Unit District No. 302Illinois Supreme Court · 1959
  2. Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
  3. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  4. Williams v. City of DetroitMichigan Supreme Court · 1961
  5. Hargrove v. Town of Cocoa BeachSupreme Court of Florida · 1957

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