Kilberg v. Louisiana Highway Commission

The question involved in this case is whether the Louisiana Highway Commission may be sued for damages ex delicto. The District Court held that it could not, and for that reason the Court maintained an exception of no cause of action and rejected plaintiff’s demand. From such judgment the plaintiff has appealed.

*442Oscar Kilberg, the plaintiff, charges in substance that he was driving an automobile in the night time in the Parish of La Salle, upon the public highway constructed and maintained by the Louisiana Highway Commission, when his automobile plunged into a ravine that' extended half way…