JOHNSON v. CALLISTO

No. 41949.

176 N.W.2d 754 (1970)

Neil W. JOHNSON and Catherine M. Johnson, individually and as guardians ad litem for Stephen J. Johnson and Gregory R. Johnson, Appellants, v. Robert C. CALLISTO, et al., Defendants, N. T. Waldor, Commissioner of Highways of Minnesota, Respondent.

Supreme Court of Minnesota.

April 24, 1970.


Attorney(s) appearing for the Case

Haugland, Carleen, O'Dougherty & Bohanon, Minneapolis, for appellants.

Douglas M. Head, Atty. Gen., Donn D. Christensen, Deputy Atty. Gen., John R. Murphy, Sp. Asst., Atty. Gen., St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and THEODORE B. KNUDSON, JJ.


OPINION

MURPHY, Justice.

Appeal from an order of the district court dismissing an action brought against the commissioner of highways of the State of Minnesota on the ground that the action is in fact one against the state and that the state has not waived its immunity to suit for the claim alleged.

The complaint charges that an accident occurred while plaintiff Neil W. Johnson in operating his automobile collided head-on with an automobile driven...

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