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HARRIS v. KELLEY

No. 105 (1974).

70 Wis.2d 242 (1975)

234 N. W. 2d 628

HARRIS and another, Individually and as Administrators of the Estates of Charles and Ruth Myers, Deceased, Respondents, v. KELLEY and another, Appellants.

Supreme Court of Wisconsin.

Decided October 28, 1975.

Attorney(s) appearing for the Case

For the appellants there were briefs by William F. Donovan and Noll, Donovan, Bolgrien & Ruth, all of Beloit, and oral argument by William F. Donovan.

For the respondents there was a brief by Larry J. Eggers and Hansen, Eggers, Berres & Kelley, S. C., all of Beloit, and oral argument by Larry J. Eggers.

BEILFUSS, J.

The issues are whether the statute as amended excludes nondependent adult children from recovering pecuniary damages and, if so, whether the statute is constitutional.

Sec. 895.04 (4), Stats., as amended by ch. 59 of the Laws of 1971, became effective July 3, 1971. It provides as follows:

"Judgment for damages for pecuniary injury from wrongful death, and additional damages not to exceed $5,000...

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