Duncan v. State Highway Commission

JOHNSON, Justice.

Parties herein occupy the same relative positions as in the trial court, and they will be referred to herein as they appeared in the trial court.

The facts in this case are that plaintiffs filed an action against the State Highway Commission to recover damages allegedly sustained through the negligence of highway employees in setting a fire by exhaust sparks of a diesel engine which destroyed or damaged their, property. In order to enable them to maintain the action against the Commission, plaintiffs sponsored Senate Joint Resolution Number 33, S.L.1955, page 591, an Act…