Hurst v. HIGHWAY DEPARTMENT OF THE STATE OF UTAH , 16 Utah 2d 153 ( 1964 )

WADE, Justice

(dissenting).

I dissent. I think we should follow the decision in the case of Shaw v. Salt Lake County.¹ Therein, Mr. Justice McDonough, speaking for the Court, said:

“The principal of sovereign immunity is not one which allows the sovereign to continue to inflict injury, but rather, one which absolves the sovereign from responding in damages for past injuries.”

This states a clear and correct basis for a limitation on the doctrine of sovereign immunity, which I think would be very much in the interest of justice and fair play between the state and its citizens. I know of no decision which has changed that ruling and feel that it should be upheld.

1 . 119 Utah 50, 224 P.2d 1037.