(Download) "Floyd v. North Carolina State Highway And Public Works Commission" by Supreme Court of North Carolina " eBook PDF Kindle ePub Free
eBook details
- Title: Floyd v. North Carolina State Highway And Public Works Commission
- Author : Supreme Court of North Carolina
- Release Date : January 04, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
In 1951 the State, acting through its legislative branch (Chapter 1059, Session Laws 1951), waived its immunity from suit in cases 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 Bobbitt in the case of Alliance Company v. State Hospital, ante, 329. At any rate, the statute giving the right to maintain the suit must be followed as written. G.S. 143-291 authorizes the filing of the claim before the North Carolina Industrial Commission. G.S. 143-297 provides that the claim must be accompanied by an affidavit in duplicate, setting forth among other things, (b) The name of the department, institution or agency of the State against which the claim is asserted and the name of the State employee upon whose alleged negligence the claim is based. The purpose of requiring the claimant to specify the State employee whose negligent act caused the injury is to enable the State or department to make proper investigation as to the employee designated and ascertain the facts with respect to his alleged acts of negligence, and present evidence or be heard with respect thereto.
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