Mallow v. State Road Commission

The state court of claims was called into existence by the Legislature of 1941 as an experiment. It is now in its probationary state, or formative period, and is not yet an established institution. It is especially' important to guard carefully against the creation of dangerous precedents for the recommendation of appropriations of the public revenues. There should be no award in a case where the right of the state or any of its agencies to exercise an essential governmental function is challenged. While the amount of the award in this case is small, the principle involved is great, and…