BAILEY BY BAILEY v. MORRIS

No. 81-421.

323 N.W.2d 785 (1982)

Barbara BAILEY, a minor, By her father and natural guardian, James E. BAILEY, Appellant, v. Robert MORRIS, et al., Respondents.

Supreme Court of Minnesota.

August 31, 1982.


Attorney(s) appearing for the Case

Hvass, Weisman & King and Frank J. Brixius, Minneapolis, for appellant.

Clarance E. Hagglund and Sally Holmgren, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.


OTIS, Justice.

Plaintiff, Barbara Bailey, a minor, sustained a cut on her forehead when a dog belonging to neighbors bit her. In this action against the owners, the jury found that the dog bit the plaintiff because it was provoked. Plaintiff appeals, contending that the issue of provocation should not have been submitted to the jury; that the wording of the special interrogatory was prejudicial; and that the damages awarded were inadequate. We affirm.

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