Shellhorn & Hill, Inc. v. State

Wolcott, J.:

This is an action for wrongful deaths brought by decedents’ administrator against Shellhorn & Hill, Inc. and James Evans. These defendants sought to make the State of Delaware a third-party defendant on the ground that its Highway Department was negligent in improperly maintaining the highway at the place of the accident, and that such negligence was the cause of the accident.

The State moved to dismiss asserting sovereign immunity. The State was dismissed as thirty-party defendant on this ground. The defendants appeal.

The appeal presents one question only, viz., Does Article I,…