ADVERTISING CORP. v. LINZELL

No. 35485.

168 Ohio St. 259 (1958)

OHIO VALLEY ADVERTISING CORP., APPELLANT, v. LINZELL, DIR. OF HIGHWAYS (THORMYER, ACTING DIR., SUBSTITUTED DEFENDANT), APPELLEE.

Supreme Court of Ohio.

Decided November 5, 1958.


Attorney(s) appearing for the Case

Messrs. Eagleson & Eagleson and Messrs. Kinder, Kinder & Kinder, for appellant.

Mr. William Saxbe, attorney general, Mr. Hugh E. Kirkwood, Jr., and Mr. Dwight E. Walter, for appellee.


TAFT, J.

Defendant contends and plaintiff concedes that the state may not be sued without its consent and that the instant case is an action against the state. Plaintiff contends that Section 19, Article I of the Ohio Constitution, manifests the state's assent to be sued by one whose property the state has taken without compensation. See Schmutte v. State, 147 Neb. 193, 22 N.W.2d 691; Rose v. State, 19 Cal.2d 713, 123 P.2d 505. Cf. Lucas...

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