Maillet v. Mininno

The plaintiff was bitten by a dog. G. L. c. 140, § 155, provides: “The owner or keeper of a dog shall be liable in tort to a person injured by it in double- the amount of damages sustained by him.” She brought action, thereunder, against Agostino Mininno and his wife Rachele; and declared against them in'one count alleging that “the defendants were the owners or keepers” of the dog.

Had the defendants demurred, such a declaration must have been declared to be bad. It was decided in Galvin v. Parker, 154 Mass. 346, that the owner and the keeper of a dog are not liable jointly and severally as…