Niesen v. State

Although sec. 88.38 (2), Stats., was repealed by the session laws of 1963, the repealing statute was not effective until June 13, 1964. It is clear that Mr. Niesen’s cause of action arose prior to the effective date of the new statute.

Mr. Niesen was entitled to pursue a cause of action for damages if sec. 88.38 (2), Stats., governed. The appellant contends, however, that sec. 88.87, which was adopted by ch, 572, Laws of 1963, both abolished sec. 88.38 (2) and obliterated the right of Mr. Niesen to seek damages in his complaint.

The trial court concluded that the plaintiff’s rights are governed…