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PROSSER v. LEUCK

No. 95-0688.

196 Wis.2d 780 (1995)

539 N.W.2d 466

Robert PROSSER, Plaintiff-Appellant, v. Richard A. LEUCK and Cedarburg Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 6, 1995.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Michael J. Neitzke of Novitzke, Gust & Sempf of Amery.

For the defendants-respondents the cause was submitted on the brief of H. Ben Levy of Levy & Levy, S.C. of Cedarburg.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Robert Prosser appeals a judgment dismissing his complaint against Richard A. Leuck and Leuck's insurer, Cedarburg Mutual Insurance Company. Prosser sought damages resulting from a fire in his warehouse which thirteen-year-old Leuck caused while trespassing and engaging in horseplay in the warehouse. Prosser contends that the trial court erred when it dismissed his complaint following a jury verdict based upon the principles of fortuity, concluding that no...

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