Manion v. State Highway Commissioner

I am unable to concur in the opinion proposed by the Chief Justice in this case for the following reasons:

The State, as sovereign, is immune from suit save as it consents to be sued, and any relinquishment of sovereign immunity must be strictly interpreted. United States v. Sherwood, 312 U. S. 584 (61 Sup. Ct. 767, 85 L. Ed. 1058) (decided March 31, 1941), and see authorities therein cited.

There is a distinction between sovereign immunity from suit and sovereign immunity from liability. The latter exists when the sovereign is engaged in a governmental function. The former may be waived…