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Maffei v. Town of Kemmerer

Supreme Court of Wyoming
Jun 23, 1959
80 Wyo. 33 (Wyo. 1959)

Summary

In Maffei this court held that it does not possess the power (it is without jurisdiction) to repudiate the doctrine of sovereign immunity since only the legislature had the authority to so act under the present state of the law and the statutes.

Summary of this case from Jivelekas v. City of Worland

Opinion


340 P.2d 759 (Wyo. 1959) 80 Wyo. 33 Lela Irene MAFFEI and Lela Irene Maffei, Guardian ad litem of Charles Albert Maffei, Carol Irene Maffei and John Jay Maffei, Minors, Appellants (Plaintiffs below), v. INCORPORATED TOWN OF KEMMERER, Wyoming, Appellee (Defendant below). No. 2843. Supreme Court of Wyoming. June 23, 1959

       [80 Wyo. 61] Lee S. Nebeker, Green River, Richard L. Bird, Jr., and C. J. Frost, Salt Lake City, Utah, for appellants.

       [80 Wyo. 62] Before BLUME, C. J., and PARKER and HARNSBERGER, JJ.

       Mr. Justice HARNSBERGER delivered the opinion of the court.

       A petition for rehearing has been filed, explaining that because of the town's contract of insurance the appellants could not have joined the insurance company. This is not a ground for rehearing.

       The reargument respecting estoppel, waiver, whether the complaint was limited to recovery against the insurance company, and whether there was a miscarriage of justice because the insurance company sold the town a policy of insurance which did not give the town the purported protection, were all disposed of by the opinion.

       Rehearing denied.


Summaries of

Maffei v. Town of Kemmerer

Supreme Court of Wyoming
Jun 23, 1959
80 Wyo. 33 (Wyo. 1959)

In Maffei this court held that it does not possess the power (it is without jurisdiction) to repudiate the doctrine of sovereign immunity since only the legislature had the authority to so act under the present state of the law and the statutes.

Summary of this case from Jivelekas v. City of Worland

In Maffei v. Incorporated Town of Kemmerer (1959), 80 Wyo. 33, 338 P.2d 808, 810, 340 P.2d 759, the argument was advanced that the Men of Devon case in turn relied upon an earlier authority from Brookes Abridgement.

Summary of this case from Jivelekas v. City of Worland

In Maffei v. Incorporated Town of Kemmerer, 80 Wyo. 33, 338 P.2d 808 (1959), the Wyoming Supreme Court recognized the rule that voluntary procurement of liability insurance by the town did not waive its immunity from suit, but then went on to say: "The logical conclusion, therefore, is not that the acts mentioned give recognition that governmental elements are not possessed of immunity from tort action, but rather that they do have immunity which the legislature has seen fit to waive to the extent of subjecting them to a liability limited to moneys made available from insurance."

Summary of this case from Longpre v. School Dist. No. 2

In Maffei v. Town of Kemmerer (1959), 80 Wyo. 33, 42, 338 P.2d 808, 810, the argument was advanced that the Men of Devon Case in turn relied upon an earlier authority from Brooke's Abridgement.

Summary of this case from Holytz v. Milwaukee
Case details for

Maffei v. Town of Kemmerer

Case Details

Full title:Lela Irene MAFFEI and Lela Irene Maffei, Guardian Ad-Litem of Charles…

Court:Supreme Court of Wyoming

Date published: Jun 23, 1959

Citations

80 Wyo. 33 (Wyo. 1959)
80 Wyo. 33
338 P.2d 808

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