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GILBERT v. CHRISTIANSEN

No. 46636.

259 N.W.2d 896 (1977)

Phyllis Marie GILBERT, as Mother and Natural Guardian of Robin Lee Kendrick, a Minor, and Phyllis Marie Gilbert, Individually, Appellants, v. Russell CHRISTIANSEN, Defendant, Towns Edge Properties, Inc., Respondent.

Supreme Court of Minnesota.

October 14, 1977.

Attorney(s) appearing for the Case

Bell, Stapleton & Nolan and Mark M. Nolan, St. Paul, for appellants.

Van Eps & Gilmore and Duane E. Arndt, and Wayne D. Tritbough, Minneapolis, for respondent.

Heard before SHERAN, C. J., and PETERSON and TODD, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Plaintiffs appeal from a judgment for defendant entered on a directed verdict. We affirm.

This is an appeal involving construction of Minn.St. 347.22, the dog-bite statute. The facts are uncontroverted. On February 26, 1974, plaintiff Phyllis Gilbert and her 3-year-old son, Robin Kendrick, were at home in their apartment in Mounds View. A neighbor in the same apartment building, defendant Russell Christiansen, stopped in for a cup of coffee...

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