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TOWNSEND v. WISCONSIN DESERT HORSE ASSO

No. 171.

42 Wis.2d 414 (1969)

167 N.W.2d 425

TOWNSEND, Respondent, v. WISCONSIN DESERT HORSE ASSOCIATION, INC., and others, Defendants: WISCONSIN EXPOSITION DEPARTMENT and another, Appellants.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the defendants-appellants Wisconsin Exposition Department and the State of Wisconsin there was a brief by Arnold, Murray & O'Neill of Milwaukee, and Bronson C. La Follette, attorney general, and Theodore L. Priebe, assistant attorney general, and oral argument by James T. Murray and Theodore L. Priebe.

For the plaintiff-respondent on the principal appeal there was a brief by Edward P. Rudolph, and oral argument by Mr. Rudolph and Mr. Wayne Van Ert, both of Milwaukee.

For the defendant General Insurance Company of America on its cross appeal there was a brief by Arnold, Murray & O'Neill, and oral argument by James T. Murray.

In reply to the cross appeal there was a brief for plaintiff-respondent by Edward P. Rudolph, and oral argument by Mr. Rudolph and Mr. Wayne Van Ert.

HALLOWS, C. J.

The basic questions raised on the appeal by the state and the department are: (1) Is sec. 285.01, Stats., an enabling statute which permits a tort action to be brought against the state; (2) does sec. 895.43 permit a tort action to be brought against the state; and (3) is the nature of the department such that it is sui juris and may be sued independently of secs. 285.01 and 895.43?

1. The nature of sec. 285.01, Stats.

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