Cattle: Related Cases

Case name Citationsort descending Summary
Molenaar v. United Cattle Co. 553 N.W.2d 424 (Minn.App., 1996)

Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion.  This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others.

Berres v. Anderson 561 N.W.2d 919 (Minn. Ct. App. 1997) This is an action for veterinary malpractice brought by the purchasers of cattle that tested positive for Johne's disease. The veterinarian diagnosed the disease in the seller's herd and treated the buyer's herd for the disease. The trial court granted summary judgment for the veterinarian on the grounds that the statute of limitations had expired for the malpractice claim. On appeal, the court reversed the district court's granting of summary judgment, as it determined that the record indicated a genuine issue for trial as to the causation of the spread of the disease among the herd of cattle and whether adequate hygiene would have reduced the spread of the disease.
Safford Animal Hospital v. Blain 580 P.2d 757 (Ariz.App.,1978)

Appellant animal hospital sought review of the judgment entered against it for the injuries suffered by an individual after a cow escaped from the hospital and struck the man who owned the house to which the cow had run as the man tried to help the veterinarian secure the animal.  The court held that appellant's liability is predicated upon its position as an owner or occupier of land whose duty with regard to the keeping of domestic animals is circumscribed under a bailment theory. Further the court held that the evidence supported the trial court's finding that appellant negligent under the doctrine of res ipsa loquitur. 

Carver v. Ford 591 P.2d 305 (Okla. 1979)

The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth.  The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.

Sprague v. Magruder Farms, Inc. 594 P.2d 1324 (1979)

This is an appeal from a circuit court decision where the appellant claimed error for failure to grant a nonsuit and directed verdict in a case involving livestock running at large.  Plaintiff brought suit under a state statute which provides that an livestock owner shall not permit an animal to run at large or go on the land of another.  The Court of Appeals held that the defendant permitted its cattle to run at large, the plaintiff's oat fields were the lands of another according to the statute, and that the plaintiff's loss was satisfactorily established.

National Meat Ass'n v. Brown 599 F.3d 1093 (C.A.9 (Cal.), 2010)

This is an interlocutory appeal brought by the State of California and defendant-intervenors The Humane Society, et al., from a preliminary injunction prohibiting the enforcement of California Penal Code § 599f, which bans the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses. The district court granted the preliminary injunction. On appeal, the Ninth Circuit held that Federal Meat Inspection Act (FMIA) did not expressly preempt California statute banning slaughter of nonambulatory animals. On the humane handling requirement of section 599f, the court did find that Section 599f(e) prohibits dragging of unconscious downer animals which the federal law does not. However, NMA failed to show a likelihood of irreparable injury or that the balance of the equities and the public interest tip in its favor for this provision. This court found that the lower court abused its discretion in granting a preliminary injunction, and the injunction was vacated. This case was later vacated by: National Meat Ass'n v. Harris , 680 F.3d 1193 (9th Cir., 2012).

Western Watersheds Project v. Kraayenbrink 620 F.3d 1187 (C.A.9 (Idaho). 2010)

Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. Opinion Amended and Superseded on Denial of Rehearing en banc by: Western Watersheds Project v. Kraayenbrink, 632 F.3d 472 (9th Cir., 2010).

Watzig v. Tobin 623 P.2d 1121 (1981)

This is an appeal of a district court decision on property damages from plaintiff's car hitting defendant's cow.  On appeal, the Court determined that the animal owners did not violate a closed range statute merely because their cow was on a public highway, that the presence of an animal on a public highway does not establish that the animal owners were negligent, and that the driver of an automobile has a duty to maintain a reasonable outlook for animals on public highways.

Animal Legal Defense Fund Boston, Inc. v. Provimi Veal Corp. 626 F.Supp. 278 (D.Mass.,1986)

District Court found that federal law preempts Massachusetts's consumer protection statute that requires retailers to inform consumers of relevant information, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction. The District Court also held that the Animal Legal Defense Fund could not enforce a cruelty to animals claim because it involves criminal statutes that only public prosecutors and legislatively-sanctioned groups may enforce.

Western Watersheds Project v. Kraayenbrink 632 F.3d 472 (9th Cir., 2011)

Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands. Plaintiff argued that the 2006 Regulations violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals found for the plaintiff, holding that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed regulatory changes. BLM also violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. The FLPMA claim was remanded.

Humane Soc. of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng 633 F.Supp. 480 (W.D.N.Y.,1986)

Court decided that the type of branding mandated by Secretary of Agriculture constitutes cruelty to animals because other less painful and equally effective alternatives exist and therefore freed dairy farmers to use other branding methods like freeze branding.

Faulkner v. Watt 661 F.2d 809 (9th Cir. 1981)

Reaffirms that purpose of the Taylor Grazing Act (TGA) is to stabilize the livestock industry and protect the rights of sheep and cattle growers from interference and that the Secretary of the Interior may reasonably classify lands under the TGA as suitable for agriculture.

Schwerdt v. Myers 683 P.2d 547 (1984)

This appeal to the Oregon Supreme Court related to the mental state requirement in determining an animal owner's liability for escape of cattle.  The Oregon Supreme Court, on review, held that simple rather than criminal negligence was the correct level of culpability for determining an animal owner's liability, and damages are available under a statute making an animal owner liable if an animal is permitted to escape onto another's property.

Animal Legal Defense Fund v. Mendes 72 Cal.Rptr.3d 553 (Cal.App. 5 Dist., 2008)

Appellants ALDF asserted causes of action for violation of Penal Code section 597t for confining calves without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. In affirming the lower court's decision to dismiss the action, this court held that there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury.

Missouri Farmers Ass'n v. Kempker 726 S.W.2d 723 (Mo.,1987)

Missouri Farmers Association sued a dairy farmer on account and notes. The farmer counterclaimed, alleging that Association had supplied defective feed. The Supreme Court held that farmer's recovery for diminution in cows' value did not preclude recovery for loss of milk and calf production. However, the  farmer failed to sufficiently link the feed to his damages, so his evidence of lost profits was speculative, which prevented recovery.

McPherson v. Schlemmer 749 P.2d 51 (Mont. 1988)

In McPherson v. Schlemer , plaintiff’s cows were killed by defendant when they wandered onto the highway. The court determined that damages were calculated at the present and future profits for fair market value.

Hairston v. Burger King Corp. 764 So.2d 176 (La.App. 2 Cir.,2000)

Louisiana appeals court affirmed trial court's finding that plaintiff failed to adequately link her stomach ailment with a burger purchased from Burger King and thus could not sustain an action that sought recovery of alleged damages suffering due to food poisoning.

Bard v. Jahnke 791 N.Y.S.2d 694 (N.Y. 2005)

A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull .  The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability.  The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.

Harvey v. Southern Pac. Co. 80 P. 1061 (1905)

This is a case involving a train hitting a cow.  This case involves a judgment for defendant based upon plaintiff's common-law negligence complaint in that defendant ran its train upon and killed the plaintiff's cow.  The appellate court upheld defendant's motion for a directed verdict where plaintiff alleged negligence on the part of defendant for failing to fence in its track.

Galloway v. Kuhl 806 N.E.2d 251 (Ill. 2004)

Motorist injured when cattle strayed onto highway in violation of state law.  The lower court allowed the defendant's to assert the affirmative defense of comparative negligence, reducing Motorists damages, but the jury still found in favor of the Motorist.  Both sides appealed, and the Court held that (a) comparative negligence affirmative defense was valid; and (b) jury's damage configuration was legally inconsistent.

Petersheim v. Corum 815 N.E.2d 1132 (Ohio, 2004)

Driver struck bull that had wandered onto a public highway and driver was killed.  Court of appeals ruled for wife in a wrongful death action against the bull's owner.  The owner had a duty to take reasonable precautions to prevent the bull's escape.

Larry BARD et al., Appellants, v. Reinhardt JAHNKE, Individually And Doing Business as Hemlock Valley Farms, Respondent, et al., Defendant. 848 N.E.2d 463 (N.Y., 2006)

The accident underlying this litigation occurred on a dairy farm owned and operated by defendant. Plaintiff Larry Bard, a self-employed carpenter, arrived at the farm to meet defendant John Timer, another self-employed carpenter to repair of the dairy barn. While working, Bard was seriously injured by a bull. Bard, with his wife suing derivatively, commenced an action against both Jahnke and Timer to recover damages for his personal injuries, alleging causes of action sounding in strict liability and negligence. In affirming the Appellate Division's grant of defendant's motion for summary judgment, this court found that Jahnke was not liable for Bard's injuries unless he knew or should have known of the bull's vicious or violent propensities. The Court noted that the record contained no such evidence.

Honeycutt v. State Farm Fire & Casualty Co. 890 So.2d 756 (2nd Cir. 2004)

A driver hit a cow standing in the road and the driver brought suit against the cow's owner and the owner's insurance agency.  The trial court held in favor of the driver and the Court of Appeals affirmed based upon the doctrine of res ipsa loquitor.

People for the Ethical Treatment of Animals, Inc. v. Kansas State Fair Board 891 F.Supp.2d 1212 (D.Kan. 2012)

Upon being informed by the Kansas State Fair Board (KSFB) that it must shield a video depicting graphic images of animals being slaughtered, the People for the Ethical Treatment of Animals (PETA) sought a preliminary injunction in order to show the video at the Kansas State Fair. PETA argued the shield was unconstitutional. The KSFB sought a motion to dismiss the lawsuit on the grounds of Eleventh Amendment Immunity, that PETA lacked Article Three Standing, and that the defendant was not a section 1983 person. Both motions were denied by the district court.

Stauber v. Shalala 895 F.Supp. 1178 (W.D.Wis.,1995)

Court found that milk consumers failed to prove that milk gained from rBST-treated cows contains higher levels of antibiotics, tastes different, or differs in any noticeable way from "ordinary" milk. That consumers might demand mandatory labeling was not enough to require labeling; rather, the FDA was required to ensure that products are not misbranded and consumer demand could not require the FDA to forgo this duty.

Smith v. Meyring Cattle Co., L.L.C. 921 N.W.2d 820 (Neb., 2019) Harley Smith worked for Meyring Cattle Company. Smith was injured when a herd dog allegedly nipped at the hoof of one of the cows and the cow charged forward trampling Smith. Smith sustained substantive injuries. Smith sued Meyring under negligence theories and under strict liability as set forth under Nebraska law. The district court found for Meyring. Smith appealed asserting that the district court erred by finding as a matter of law that strict liability did not apply to the facts of the case and for granting Meyring’s motion for partial directed verdict. as matter of first impression, the Supreme Court of Nebraska stated that the element that a dog be vicious or have dangerous propensities is implicitly part of the strict liability statute. The Court concluded that there was no evidence that the herd dog bit, worried, or chased Smith. There was also no evidence that the herd dog’s actions were directed toward Smith. The language of the strict liability statute was never understood as encompassing bodily hurt to a person by way of a dog worrying or chasing “any sheep or other domestic animals” that collided with that person. The Court affirmed the judgment of the district court.
Austin v. Bundrick 935 So.2d 836 (La.App. 2 Cir. 2006)

This Louisiana case involves a suit against the owner of a cow (Bundrick) that wandered into the road where it was struck by plaintiff Austin's vehicle.  Bundrick and his insurer, Colony Insurance Company, appealed the partial summary judgment finding Bundrick liable for the damages resulting from the accident. In reversing the lower court's order for partial summary judgment and remanding for a trial on the merits, the court noted that it is well settled that when an auto strikes a cow on one of the enumerated "stock law" highways, the burden of proof rests upon the owner of the animal to exculpate himself from even the slightest degree of negligence.

Hastings v. Sauve 94 A.D.3d 1171 (N.Y.A.D. 3 Dept., 2012) Plaintiff motorist was injured after hitting a cow that had wandered onto the highway, and sued owner for negligently failing to confine cow. The Supreme Court held that injury claims could only proceed under strict liability theory based on owner's knowledge of animal's vicious propensities. There was no evidence that cow had a vicious propensity, or that owner knew of propensity, thus, owner was not liable. This order was Reversed by Hastings v. Sauve , 2013 WL 1829834 (N.Y., 2013).
Kindel v. Tennis 949 N.E.2d 1119 (Ill.App. 5 Dist., 2011)

Plaintiff was an employee of a dairy farm owned by defendants. In 2007, he was injured by a bull owned and controlled by defendants while working on the defendants' farm . The Appellate Court disagreed with the lower court, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act. The court found it was a question of fact whether it was plaintiff's job to care for the bull, and whether that animal was in the care and/or custody of plaintiff at the time of the injury.

Council of the State, Sentencia 22.592 of May 23, 2012 Sentencia 22.592 of May 23, 2012 Appeal, brought by the Plaintiff, who sought compensation for negligence on the part of the municipality of Anserma for the wrongful death of her husband, who died in the corrals of the slaughterhouse of Anserma when a bull charged him, causing him to fall and hit his head. The Plaintiff alleged that the slaughterhouse facilities were in poor condition, which was the cause of her husband’s death. If the facilities have been in good condition, he would not have had the accident. The court analyzed whether the damage was a result of the municipality's negligence as it did not maintained the facilities in a safe condition, or, if alternatively, it was an unfortunate accident not imputable to the Defendant. The court concluded that the Plaintiff did not present enough evidence to prove that the conditions of the facilities were the cause of the death of her husband. The court also found that the municipality was not in charge of the cattle in the slaughterhouse. Therefore, the damages were not imputable to the municipality. Furthermore, the court found the deceased was not an employee of the municipality, he was an independent employee that was hired by the slaughterhouse workers to assist them during the slaughter of cattle. The Court affirms the decision of the lower court and declares an exception of unconstitutionality of the expression “and if he alleges that he was not able to avoid the damage, he will not be heard.” of the Article 2354 of the Civil Code In its reasoning, the court determined that the accident was a result of contributory negligence and assumption of the risk on the part of the deceased, and not a result of the behavior of the animal. The court addressed Article 2354 of the Civil Code, that established that the caretaker of a fierce animal that does not report any benefit for the owner will be responsible for the damages the animal may cause, but if he alleges that if the damages were unavoidable, he will not be heard. The court declared unconstitutional the line “ and if he alleges that he was not able to avoid the damage, he will not be heard.” The court stated that it was inappropriate to address this scenario that involves responsibility derived from the behavior of animals under the parameters in the Civil Code that treated animals as goods. As today, it was of common acceptance that animals are sentient beings. Animals just as disabled people and other beings had dignity in themselves. They have a vital purpose, so much that they can enter a direct and permanent relationship with humans. The court continues to say that without this idea, the notion of legal capacity and the recognition of fundamental rights for legal persons could not exist. Animals should not be compared to objects or things, as they have dignity. The court recognized that animals and other living beings have their own value, and that even if it is acceptable that they are used for the human’s own benefit, it does not prevent us from recognizing that they are living beings, endowed with own value, and therefore subject to some rights.
Sentencia C-041, 2017 Sentencia C-041, 2017 Sentencia C-041 is one of the most important court decisions on bullfighting. On this occasion, the court held unconstitutional Article 5 of Ley 1774 of 2016 that referred to the Article 7 of the Statute of Animal Protection. Article 7 contains the seven activities that involve animals for entertainment that are exempted from the duty of animal protection. The practices permitted correspond to rejoneo, coleo, bullfighting, novilladas, corralejas, becerradas and tientas (all variations of bullfighting), cockfighting and all the related practices. Even though the court held that the legislature had fallen into a lack of constitutional protection towards animals, and stated that bullfighting was cruel and inhumane, it deferred the effects of its sentence and gave Congress a two-year period to decide whether bullfighting and the other exception established in Article 7 of the Statute of Animal Protection will continue to be legally allowed. If after this period, the Congress has not legislated on the matter, decision C-041, 2017 will take full effect and bullfighting along with all the practices established in Article 7 will be considered illegal.
Sentencia C-367, 2006 Sentencia C-367, 2006 Decision C-367 decides on the unconstitutionality of some of the provisions of the Taurine Regulatory Statute. The Court held the provisions constitutional, but added a limitation to the participation of minors in the practice of bullfighting. With this decision, children under 14 cannot participate in the “cuadrillas.” The term “cuadrillas” is used to describe the group of people that accompany and assist the matador in the bullring throughout the duration of the bullfight. Sentencia C-367 imposes the principle of impartiality on the behavior of Mayors. Mayors have to act in strict accordance to the Law and the Constitution, and must be impartial when it comes to making decisions that affect this activity. According to this principle, “Mayors have the duty to act, recognizing that the purpose of the different procedures is to assure and guarantee the rights of all the people without any level of discrimination.” The Court also reaffirmed that Congress has complete power to legislate on bullfighting on the national level.
Sentencia C-666, 2010 Sentencia C-666/10 The Constitutional Court decided on an unconstitutionality claim against Article 7 of the Statute of Animal Protection Ley 84 of 1989 that corresponds to the exceptions to the duty of animal protection. This decision established the conditions that must be met for the exceptions of Article 7 to apply. Put in different words, through Decision C-666, the court limits the scope of the legality of bullfighting, establishing certain requirements. In its holding, the Court stated that the seven practices in Article 7 would not violate the Constitution, so long as they were done within the following parameters: (1) As long as it is understood that these animals should, in all cases, obtain special protection against suffering and pain during the execution of these activities. This exception allows the continuation of cultural expressions and entertainment with animals, so long as exceptionally cruel acts against these animals are eliminated, or lessened in the future in a process of adaptation between cultural expressions and duties of protection to animals; (2) These practices can only take place in municipalities and districts in which the practices are themselves a manifestation of a regular, periodic and uninterrupted tradition, and therefore their execution responds to a certain regularity; (3) These practices can only take place during occasions in which they have commonly taken place and in the municipalities and districts where they are authorized; (4) These are the only practices that are authorized to be part of the exception in Article 7 to the constitutional duty to protect animals; and (5) Municipal authorities cannot economically support the construction of installations for the exclusive execution of the activities listed in Article 7 with public funds.
Sentencia C-889, 2012 Sentencia C-889/12 Decision C-889 grants constitutional value to animal protection. It establishes the parameters for tradition and social roots. It limits the scope of bullfighting in the national territory. On this opportunity, the court decided on the constitutionality of Arts. 14 and 15 of the statute of Bullfighting Statute. It establishes the criteria that must be met in order for bullfighting to be legal: (1) Bullfighting has to meet the legal conditions established for public shows in general; (2) Bullfighting must meet the legal conditions established in the statute that regulates the taurine activity, Ley 916 of 2014; and (3) Bullfighting must comply with the constitutional conditions, restrictions, and limitations established in decision C-666 of 2010 to satisfy the mandate of animal welfare, animal protection, and to avoid suffering and pain. It must also satisfy social ingrain, location, opportunity, the condition of no financial funds, and exceptionality.
Oregon Natural Desert Ass'n v. Kimbell Slip Copy, 2008 WL 4186913 (D.Or.)

After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.   The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted.  

Californians for Humane Farms v. Schafer Slip Copy, 2008 WL 4449583 (N.D.Cal.) (Not Reported in F.Supp.2d)

Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices.   The United States District Court, N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.

Manzke v. Jefferson County Slip Copy, 2018 WL 5095678 (W.D. Wis. Aug. 21, 2018) Joshua Pernat and Sara Manzke owned property that had four miniature goats and two geese on it. Sara (plaintiff) applied for a zoning variance and a conditional use permit to accommodate her emotional support animals. Jefferson County and the Town of Ixonia denied her applications. Sara then brought forth claims under the Fair Housing Amendments Act and Wisconsin’s Open Housing Act that she was discriminated against by Jefferson County and the Town of Ixonia. Joshua and Sara also sought a notice of removal of a small claims action brought forth by Jefferson County seeking monetary sanctions for the alleged violations of the zoning variance. Jefferson County argued that the plaintiff’s federal reasonable accommodation claim was not ripe because the County never made a final decision with respect to Sara’s applications for a variance and conditional use permit. When the Town of Ixonia voted to recommend that Jefferson County deny the plaintiff’s variance application, the plaintiff withdrew her applications from consideration. Sara argued that the town’s denial “foretold a denial by the County,” and any further appeal to the County would have been fruitless. The Court did not agree. The County had no obligation to follow the town’s recommendation. The Court dismissed plaintiff’s Fair Housing Amendments Act claim for lack of subject matter jurisdiction and accordingly dismissed plaintiff’s state law claim without prejudice. Since Sara was unable to state a federal claim, the Court also held that Sara and Joshua could not remove the small claim by Jefferson County to federal court.
State v. Allison State v. Allison, 90 N.C. 733 (1884).

The defendant was indicted at spring term, 1883, for a violation of the act of assembly in reference to cruelty to animals. The indictment is substantially as follows: The jurors, &c., present that the defendant, with force and arms, &c., "did unlawfully and wilfully overdrive, torture, torment, cruelly beat and needlessly mutilate a certain cow, the property of, &c., by beating said cow and twisting off her tail," contrary, &c. The jury found the defendant guilty, and on his motion the judgment was arrested and the state appealed.  The Supreme Court reversed the lower court's descision to arrest the judgment.

State v. Beekman State v. Beckman, 27 N.J.L. 124 (1858)

The defendant was convicted, in the Somerset Oyer and Terminer, of malicious mischief. The indictment charges that the defendant unlawfully, willfully, and maliciously did wound one cow, of the value of $ 50, of the goods and chattels of J. C. T.  The defendant appealed the conviction contending that the act charged in the indictment didn't constitute an indictable offence in this state.  The Court held that the facts charged in this indictment constitute no indictable offence, and the Court of Over and Terminer should be advised accordingly.

State v. Pierce State v. Pierce, 7 Ala. 728 (1845)

The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow.  The lower court found the Defendant guilty.  The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used.  The Court determined the answer to be yes. Thus the Court reversed and remanded the case.

Brayshaw v Liosatos [2001] ACTSC 2

The appellant had informations laid against him alleging that he, as a person in charge of animals, neglected cattle 'without reasonable excuse' by failing to provide them with food. The appellant had been informed by a veterinarian that his treatment of the cattle was potentially a breach of the Animal Welfare Act 1992 (ACT) and that they were in poor condition. The evidence admitted did not rule out the possibility that the appellant's feeding of the cattle accorded with 'maintenance rations' and the convictions were overturned.

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