CAMPENNI v. WALRATH

No. 92-0064.

180 Wis.2d 548 (1994)

509 N.W.2d 725

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

Supreme Court of Wisconsin.

Decided January 14, 1994.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross respondents-petitioners there were briefs by Eugene R. Pigatti and Pikofsky, Campenni & Pigatti, S.C., Milwaukee and oral argument by Eugene R. Pigatti.

For the defendants-respondents-cross appelants there was a brief by John J. O'Neill and Eric J. Goelz and O'Neill, Schimmel, Quirk & Carroll, S.C., Milwaukee and oral argument by John J. O'Neill.


STEINMETZ, J.

This case presents two issues for review:

(1) Does the term "property", as it appears in sec. 174.02, Stats.,1 encompass dogs?

(2) Did the defendants have notice or knowledge of the first injury caused by their dog at the time of the second injury?

On two separate occasions, Jenni, an Irish Wolfhound owned by John E. Walrath (Mr. Walrath) and Jane E. Walrath (Mrs. Walrath), attacked Jeanine Mason Campenni...

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