SCHRUBBE v. PENINSULA VETERINARY SERVICE

No. 95-2982.

204 Wis.2d 37 (1996)

552 N.W.2d 634

Wayne F. SCHRUBBE, Plaintiff-Appellant, v. PENINSULA VETERINARY SERVICE, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 30, 1996.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

For the defendant-respondent the cause was submitted on the brief of Mark A. Pennow and Beth Rahmig Pless of Denissen, Kranzush, Mahoney & Ewald, S.C., Green Bay.

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


MYSE, J.

Wayne Schrubbe appeals an order granting Peninsula Veterinary Service, Inc.'s, motion for declaratory judgment on the proper measure of damages.1 The trial court declared that the appropriate measure of damages for the death of Schrubbe's dairy calves was the market replacement value on their date of death, less any salvage value. Schrubbe contends that because he was financially unable to replace the calves on the date of their...

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