State v. Shinkle

This is an action brought by the state of Oregon to recover for damages to one of its motor vehicles which, while being driven by a state employee, was involved in a collision with a motor vehicle driven by defendant. The complaint alleged that defendant was negligent in various particulars. Defendant’s answer alleged that plaintiff, through the conduct of its employee, was contributorily negligent. Plaintiff interposed a demurrer to this defense relying upon the doctrine of sovereign immunity. The trial court overruled the demurrer. When all of the evidence was in, both sides moved for a…