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ROSCHE v. WAYNE FEED, CONTINENTAL GRAIN

No. 88-2273.

152 Wis.2d 78 (1989)

447 N.W.2d 94

Jerome ROSCHE, and Mrs. Jerome Rosche, Plaintiffs-Respondents, v. WAYNE FEED DIVISION, CONTINENTAL GRAIN COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 23, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William P. Te Winkle of Rohde, Neuses & Dales of Sheboygan.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Robert L. McCracken and Joan Ravanelli Miller of Nash, Spindler, Dean & Grimstad of Manitowoc.

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

BROWN, P.J.

Wayne Feed Division, Continental Grain Company, appeals a jury award to Mr. and Mrs. Jerome Rosche (Rosche) of $44,653 as damages for pigs left dead, sick and sterile after eating Wayne Feed's products. Though Wayne Feed raises a number of issues, the dispositive question on appeal is narrow and focuses on future profits. The issue is whether the trial court wrongly refused to instruct the jury that the basic measure of damages for dead and injured livestock...

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