Leone v. Falco

This is an action of tort brought by the administrator of the estate of Pompeio Leone. The declaration is in two counts, the first to recover for the death of the plaintiff’s intestate as a result of his having been bitten by the defendant’s dog, and the second to recover double damages for the conscious suffering of the plaintiff’s intes*300tote resulting from his having been bitten by the defendant’s dog when it was suffering from rabies. The plaintiff was required to elect between these two counts and elected to go to the jury on the second count, waiving the first count. There was a verdict…