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PRUNTY v. SCHWANTES

No. 19.

40 Wis.2d 418 (1968)

162 N.W.2d 34

PRUNTY, Administratrix and Individually, Appellant, v. SCHWANTES and another, Respondents.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Pfannerstill, Camp & Tyson of Wauwatosa, and oral argument by Mark M. Camp and Richard F. Tyson.

For the respondents there was a brief by Otjen, Philipp & McFadyen, attorneys, and Ernest J. Philipp of counsel, all of Milwaukee, and oral argument by Ernest J. Philipp.

HANLEY, J.

This appeal presents two issues: (1) Should an award in a survival action include an amount for loss of enjoyment of life and loss of expected earnings; and (2) should the "pecuniary loss" rule of sec. 895.04, Stats., be modified?

Survival Action.

This case clearly presents the difference between a survival action and a wrongful death action. The survival action is brought by the representative...

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