Floyd v. North Carolina State Highway & Public Works Commission

In 1951 the State, acting through its legislative branch (Chapter 1059, Session Laws 1951), waived its immunity from suit in eases where injury and damage result from the acts of negligence of its employees. The United States and some of the other states have similar statutes. The courts are not in agreement as to whether such acts should be strictly or liberally construed. Inasmuch as the acts permitting suit are in derogation of the sovereign right of immunity, we think the sounder view is that they should be strictly construed. The authorities are cited in the concurring opinion by Justice…