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FLEURY v. WENTORF

No. 75-477.

82 Wis.2d 105 (1978)

262 N.W.2d 68

Cathy FLEURY, by Rex Capwell, her Guardian ad Litem, and another, Plaintiffs-Appellants, v. WENTORF, and others, Defendants-Respondents and Third-Party Plaintiffs: Michael FLEURY, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided February 7, 1978.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Foley & Capwell, S.C. of Racine.

For the respondents the cause was submitted on the brief of Geoffrey Van Remmen and Schoone, McManus & Hanson, S.C. of Racine.

BEILFUSS, C.J.

The principal issue is whether the homemade toy cannon made by one of the defendants is within the prohibition of the anti-fireworks statute.1 Other issues are raised and will be referred to in the opinion.

The defendant Eric Wentorf, then age seventeen, made a homemade toy cannon by removing the ends of five or six beer or soda cans and taping them together to form a hollow...

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