Townsend v. Wisconsin Desert Horse Ass'n

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 see. 285.01, Stats.

The trial court in denying the motion for summary judgment took the view that sec. 285.01, Stats., was an enabling statute which provided a means by which a tort action might be…