Mosheim v. Rollins

For the reasons shown below, I respectfully dissent from the majority decision, which I regard as being fundamentally erroneous and involving dangerous consequences.

This is an appeal from the order of the district court sustaining a plea to the jurisdiction, based on the theory that the suit was in *676effect one against the' state without its consent. The defendants, a road district engineer and a county highway maintenance supervisor, employees of the state highway commission, contend that they are the state, and are therefore immune from suit, so far as the asserted cause of action is…