Collins v. Commonwealth

Citations

• 262 Pa. 572
• 106 A. 229
• 1919 Pa. LEXIS 725

Syllabus

<p>Constitutional law — State not liable for torts of officers — Act of May SI, 1911, P. L. 468 — Suit against State — Special legislation— Act of May 10,1917, P. L. 159 — Constitution, Art. I, Secs. 11 and 26; Art. Ill, Sec. 7.</p> <p>1. The State is not liable for the torts of its officers and employees in the absence of a statute providing that it shall be.</p> <p>2. The Act of May 31, 1911, P. L. 468, does not make the State liable for the negligence of its officers and employees in the matter of the construction, reconstruction, maintenance and repairs of the highways taken over in accordance with the provisions of that act.</p> <p>3. The. State being sovereign cannot be sued without her consent.</p> <p>4. The Constitution of the State having provided that her consent may be. given by statute, the constitutional restrictions upon the subject of legislation must be observed in the passage of the consenting statute.</p> <p>5. Art. I, See. 26, of the Constitution renders inviolate the preceding sections of that article in so far as they express the inalienable rights of the people, but does not give to the legislature the right to pass enabling acts under section 11 thereof, save in the manner and subject to the limitations and restrictions imposed upon legislative action.</p> <p>6. A special act of assembly creating a liability against the State where none existed before, and authorizing suit to recover for the liability thus created, is unconstitutional. For such a double purpose a general statute is required.</p> <p>7. The Act of May 10, 1917, P. L. 159, authorizing plaintiff to sue the State, is unconstitutional so far as relates to the liability attempted thereby to be imposed on the State.</p>