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ARMACOST v. CONSERVATION COMMISSION OF WEST VIRGINIA

Civ. No. 1562.

126 F.Supp. 414 (1954)

David L. ARMACOST, Plaintiff, v. CONSERVATION COMMISSION OF WEST VIRGINIA, a Corporation, Carl J. Johnson, James Park, Jr., and Countess Maria Renata Tosti-Noc, Defendants.

United States District Court S. D. West Virginia, Charleston Division.

October 30, 1954.

Attorney(s) appearing for the Case

Julius S. Levy, Baltimore, Md., Herman D. Rollins, Charleston, W. Va., for plaintiff.

John G. Fox, Atty. Gen., State of West Virginia, Robert E. Magnuson, Asst. Atty. Gen., of W. Va., for defendants Conservation Comm., Carl Johnson & James Park, Jr.

George S. Sharp, Marlinton, W. Va., for defendant Countess Maria Renata Tosti-Noc.

MOORE, Chief Judge.

Plaintiff alleges personal injuries sustained by being thrown from a horse furnished by defendant Tosti-Noc, an alien, operator of a horseback-riding concession at Watoga State Park in West Virginia. The Conservation Commission of West Virginia moves to dismiss as to it on the ground that it is an arm of the State Government and as such constitutionally immune to suit, both by the provisions of the West Virginia Constitution and the Eleventh Amendment...

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