Malone v. Mississippi State Highway Commission

SMITH, Justice:

Appellant, Thomas V. Malone, brought an action for libel against Mississippi State Highway Commission, V. W. Guy and United States Fidelity and Guaranty Company in the Circuit Court of the First Judicial District of Hinds county. He alleged that the defendants were jointly and severally liable to him for damages.

The defendants answered, the Highway Commission setting up in its answer in bar of the suit against it that, as an instrumentality of the State, it was not subject to suit in a tort action of the type brought against it.

The matter alleged to bar the suit was heard and…