Lavalle Ex Rel. Lavalle v. Kaupp

Matson, Justice.

Plaintiff appeals from an order denying his motion to substitute as defendant the administratrix of the deceased defendant’s estate and also from an order granting defendant’s motion for a dismissal with prejudice.

Plaintiff, a minor, who was attacked and bitten by the defendant’s dog, brought this action to recover damages under M. S. A. 317.22 which provides:

“If a dog, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be in any urban area, the owner of the dog is liable in damages * * * to the full amount…