Smith v. Cooper

The plaintiff executrix brought this action to recover damages for the death of her testator which occurred when a car in which he was riding went off the highway and crashed. The defendants are State Highway Commission officials and employees and their alleged negligence was in planning, establishing and maintaining the highway at the place of the accident. The defendants moved to quash the service of summons upon the ground that the court had no jurisdiction because the defendants as officers and agents *488of the state are immune from action. The motion was allowed and plaintiff appeals.

Some…