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CAMPENNI v. WALRATH

No. 92-0064.

172 Wis.2d 563 (1992)

493 N.W.2d 266

Jeanine Mason CAMPENNI and Frank J. Campenni, Plaintiffs-Appellants-Cross Respondents, v. John E. WALRATH, Jane E. Walrath and Fire Insurance Exchange, Defendants-Respondents-Cross Appellants, WISCONSIN PHYSICIANS SERVICE, Defendant.

Court of Appeals of Wisconsin.

Decided November 25, 1992.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross respondents, the cause was submitted on the briefs of Eugene R. Pigatti of Pikofsky, Campenni & Pigatti, S.C., of Milwaukee.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the briefs of John J. O'Neill of O'Neill, Schimmel, Quirk & Carroll, S.C., of Milwaukee.

Before Nettesheim, P.J., Brown and Anderson, JJ.

BROWN, J.

Jeanine Mason Campenni and Frank J. Campenni appeal from a judgment awarding them $68,600 for injuries sustained by Jeanine as she attempted to protect her dogs from the Walraths' Irish Wolfhound. The Campennis claim that they should have been awarded double damages under sec. 174.02(1)(b), Stats. The issue before us is whether a dog is "property" as that word is used in sec. 174.02(1)(b). We hold that a dog does not constitute property under sec. 174.02...

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