Stadler v. Curtis Gas, Inc.

In my opinion, the court itself is embarking on a “private enterprise” in abrogating the Legislature’s power to control and limit the state’s basic immunity to liability for tort. The majority opinion cites Shear v. State (1929), 117 Neb. 865, 223 N. W. 130, but fails to note its basic holding as follows: “The legislature has not by law granted to any one the right to recover against the state damages for negligence of any of its officers, agents, or employees, and until such legislation is enacted, no recovery against the state can be had for such negligence.” (Emphasis supplied.) This…