Martin v. State

HIGGINS, Justice.

This is a suit by Martin against the state of Texas and the state highway commission to recover damages for personal injuries. For opinion upon a former appeal, see Martin v. State (Tex.Civ.App.) 75 S.W.(2d) 950. The present appeal is from an order sustaining pleas to the jurisdiction, and in abatement of the suit and general demurrer to the petition and dismissing the suit upon the plaintiff’s refusal to amend.

Briefly stated, the facts alleged are as follows: On January 31, 1933, plaintiff was in the employ of defendants engaged in the construction of a state highway in Jeff…