Horses: Related Cases
|Access Now, Inc. v. Town of Jasper, Tennessee||268 F.Supp.2d 973, 26 NDLR P 107 (E.D.Tenn.,2003)||Plaintiffs Access Now, Inc. and Pamela Kitchens, acting as parent and legal guardian on behalf of her minor daughter Tiffany brought this action for declaratory judgment and injunctive relief against defendant Town of Jasper, Tennessee under the ADA after the town denied her request to keep a keep miniature horse as service animal at her residence. The town's ordinance at issue provided that no person shall keep an enumerated animal within 1000 feet of any residence without a permit from the health officer. The Jasper Municipal Court held a hearing and determined that the keeping of the horse was in violation of the code and ordered it removed from the property. On appeal, this Court found that while the plaintiffs contended that the horse helped Tiffany in standing, walking, and maintaining her balance, Tiffany does not have a disability as defined by the ADA and does not have a genuine need to use the horse as a service animal. Further, the Court found that the horse was not a service animal within the meaning of 28 C.F.R. § 36.104 because the animal was not used in the capacity of a service animal and instead was a companion or pet to Tiffany. The plaintiffs' complaint was dismissed with prejudice.|
|Alaimo v. Racetrack at Evangeline Downs, Inc.||893 So.2d 190 (3rd Cir., 2005)||
A racehorse breeder and owner brought suit against a racetrack for the loss of future winnings after a racehorse collided with a negligently maintained gate on the racetrack. The trial court awarded plaintiff $38,000 without specifying what the award was for. The Court of Appeals affirmed the decision holding the award was not unreasonable based on the horse's racing history.
|Allen v. Pennsylvania Society For The Prevention of Cruelty To Animals||488 F.Supp.2d 450 (M.D.Pa., 2007)||
This is a § 1983 civil rights action brought by Robert Lee Allen against certain state actors arising from their search of his property, seizure of his farm animals, and prosecution of him for purported violations of Pennsylvania's cruelty-to-animals statute. The animals Allen typically acquires for his rehabilitation farm are underweight, in poor physical condition, and suffer from long-standing medical issues. After receiving a telephone complaint regarding the condition of the horses and other livestock on Allen's farm, humane officers visited Allen's property to investigate allegations. Subsequently, a warrant to seize eight horses, four goats, and two pigs was executed on a day when the officers knew Allen would be away from his farm with "twenty five assorted and unnecessary individuals." The court held that the farmer's allegations that state and county humane societies had a custom, policy or practice of failing to train and supervise their employees stated § 1983 claims against humane societies. Further, the defendants were acting under color of state law when they searched and seized farmer's property.
|Allendorf v. Redfearn||2011 IL App (2d) 110130 (2011)||
After a farm employee was injured in an all terrain vehicle (ATV) while trying to round up a bull, he sued the farm owners under the Domestic Animals Running at Large Act. The Appellate Court held that the employee could not recover under the Act, which protects members of the general public who cannot be expected to appreciate the risk posed by an animal. Because the employee was not an innocent bystander but rather was attempting to exercise control over the bull at the time he was injured, he fell within the Act's definition of an “owner” of the bull.
|Allison v. Johnson||2001 WL 589384 (Ohio 2001)||
Appellant was injured by appellee’s horse when appellant was standing outside a horse arena waiting for the appellee. The horse began to shuffle backwards and backed into a gate, which popped out of a bracket and struck the appellant in the face. The trial court found and the court of appeals upheld the finding that the appellant was an “equine activity participant” because she was a spectator to the “normal daily care of an equine.” In addition, the appellee was determined to be an “equine activity sponsor” due to the fact that he was an “operator” of a stable where the equine activity occurred. Thus, the equine immunity statute of Ohio is applicable to the appellee.
|Amburgey v. Sauder||605 N.W.2d 84 (Mich. 1999)||
Plaintiff was bitten by a horse as she walked through a stable. The court determined that Plaintiff was a “participant” for the purposes of the Equine Activity Liability Act (EALA), and thus the Defendant stables owner was insulated from liability arising out of the unanticipated, abnormal behavior of the horse.
|American Horse Protection Ass'n v. U. S. Dept. of Interior||551 F.2d 342 (C.A.D.C. 1977)||
Appellants (American Horse Protection Association and a member of the joint advisory board created under the Act) initiated an action in the District Court against the Dept. of the Interior, alleging violations of the Wild Free-Roaming Horses and Burros Act and other federal statutes in connection with a roundup of horses on federal lands. In January and February of 1973, there was a roundup of horses (said by appellants to be wild and free-roaming) on public lands near Howe, Idaho. The District Court for the District of Columbia, granted summary judgment for appellees, rejecting appellants' contention that the Brand Inspector lacked authority under the Act to determine ownership conclusively. On appeal, the Court of Appeals found the District Court's construction of Section 5 unacceptable. This Court did not believe that Congress intended to abdicate to state officials final determinations under Section 5 on ownership of wild free-roaming horses and burros on federal lands. Thus, the Court held that final role is reserved to the Federal Government. The judgment appealed from was reversed, and the case was remanded to the District Court.
|American Horse Protection Ass'n, Inc. v. Lyng||681 F.Supp. 949 (D.D.C.,1988)||
This case resulted from a remand by the Court of Appeals after the USDA denied the plaintiff's application for additional rulemaking for the Horse Protection Act to expressly prohibit the use of ten ounce chains and padded shoes in the training of show horses. The use of these materials, argues plaintiff, constitutes soring (the act of deliberately injuring a horse's hooves to obtain a particular type of gait prized at certain horse shows. The object of soring is to cause a horse to suffer pain as its feet touch the ground). This Court denied defendant's motion to dismiss and granted plaintiff's motion for summary judgment. In doing so, it directed the Secretary of the Department of Agriculture to institute rulemaking procedures concerning the use of action devices on show horses. The Court further held that the existing regulations are contrary to law and that the Secretary ignored his mandate from Congress under the Horse Protection Act.
|American Horse Protection Asso. v. Frizzell||203 F. Supp. 1206 (D. Nev. 1975)||
The court upheld the Secretary’s decision to remove 400 horses from certain public lands in Nevada because of the risks of overgrazing, but also asserted that the Secretary’s discretion was not so complete as to deny judicial review of his actions.
|American Horse Protection Assoc. v. Andrus||608 F.2d 811 (9th Cir. 1979)||
The court stated that the Secretary’s decision to remove 3,500 to 7,000 wild horses in order to maintain the horse population at a permanent level might qualify as “major” federal action and thus require an EIS before removal could occur. While the secretary has wide discretion under the WFRHBA, he has no discretion regarding compliance with NEPA. The court also held that the exercise of jurisdiction by two courts over public lands created no threat of conflicting decisions on range utilization, because the courts only determined whether the land use decision was an informed one.
|American Wild Horse Preservation Campaign v. Perdue||865 F.3d 691 (D.C. Cir. 2017)||This case involves a challenge by plaintiff-wild horse preservationists under the Administrative Procedures Act (APA) to a proposed management plan issued for wild horse territory (WHT) by the Forest Service (FS). Plaintiffs argue that the revision, which changed the borders by removing a middle section so that it was not a contiguous territory, was arbitrary and capricious. After the United States District Court for the District of Columbia granted summary judgment for the Forest Service, plaintiffs appealed. On appeal, FS contends that the unified territory was based on a cartographic error in the 1980s; in essence, FS argues that the 2013 change merely corrects an "administrative error" and returns management to the correct WHT boundary from 1975. However, this Court held that FS' decision to eliminate the middle section of the WHT was arbitrary and capricious because the plan failed to explain the change in policy. Further, FS did not adequately consider whether an Environmental Impact Statement was required under NEPA regarding this change. The Court was unconvinced by the FS's attempts to "shrug off" the inclusion of the Middle Section as an "administrative error" and stated that there is no "oops" exception for federal agencies. There were decades of data that relied on the "error" along with formal published plans that supported management activities and population studies. The court was unwilling to allow the FS to correct a past error by committing a new legal error: "[I]n administrative law, as elsewhere, two wrongs do not make a right." The court noted that FS may change its policies in the future, provided it reasonably supports those changes. Additionally, the Court found the FS' "Finding of No Significant Impact" in the environmental analysis was a "head-in-the-sand" approach that ignored real consequences of the boundary changes. Accordingly, this Court reversed the district court's grant of summary judgment in part and directed the district court to remand to the Service for further consideration.|
|American Wild Horse Preservation Campaign v. Vilsack||133 F. Supp. 3d 200 (D.D.C. 2015)||The American Wild Horse Preservation Campaign (Plaintiffs) brought this action against the United States Forest Service (Forest Service) to prevent the implementation of the new Devil’s Garden Wild Horse Territory Plan (WHT) that Modoc County helped develop. Plaintiffs brought six claims against defendants, all under the Administrative Procedures Act. In Counts I, II, and III, plaintiffs alleged that the boundary clarification was arbitrary and capricious because it violated the Wild Horses Act, the National Forest Management Act (NFMA), and National Environmental Policy Act (NEPA), and in Counts IV, V, and VI, they claimed that the adjustment to the "appropriate management level" (AML) range was arbitrary and capricious because it was contrary to the same three statutes. Because the Forest Service reasonably concluded that the disputed territory was never formally incorporated into the Devil's Garden WHT, and that any references to one contiguous territory were the result of administrative error, the Court found that it was not arbitrary and capricious or in violation of the law for the Forest Service to act to correct the boundary in the 2013 Environmental Assessment and the 2013 Management Plan. Thus, defendants were entitled to summary judgment on Counts I, II, and III. And because the Forest Service articulated a rational basis for its decision to adjust the AML range for the Devil's Garden WHT that was not counter to record evidence or otherwise contrary to the law, the Court found that defendants were also entitled to summary judgment on Counts IV, V, and VI. Thus, plaintiffs' motion for summary judgment was denied, defendants' cross-motion for summary judgment was granted, and because they sought the same relief as defendants, the intervenor-defendants' cross-motion for summary judgment was denied as moot.|
|Anderson v. City of Blue Ash||798 F.3d 338 (6th Cir. 2015)||This case stems from a dispute between Plaintiff/Appellant and the city of Blue Ash (City) on whether Plaintiff/Appellant could keep a miniature horse at her house as a service animal for her disabled minor daughter. Plaintiff/Appellant’s daughter suffers from a number of disabilities that affect her ability to walk and balance independently, and the horse enabled her to play and get exercise in her backyard without assistance from an adult. In 2013, the City passed a municipal ordinance banning horses from residential property and then criminally prosecuted plaintiff/appellant for violating it. Plaintiff/Appellant’s defense was that the Americans with Disabilities Act (“ADA”), and the Fair Housing Amendments Act (“FHAA”), both entitled her to keep the horse at her house as a service animal for her daughter. Rejecting those arguments, the Hamilton County Municipal Court found Plaintiff/Appellant guilty. Plaintiff/Appellant filed suit in federal court arguing that the ADA and FHAA entitled her to keep her horse as a service animal. The district court granted summary judgment to the City, finding that Plaintiff/Appellant's claims were barred by claim and issue preclusion stemming from her Municipal Court conviction. On appeal, the Sixth Circuit found that, because the fact-finding procedures available in a criminal proceeding in municipal court differed substantially from those available in a civil proceeding, Plaintiff/Appellant's conviction had no preclusive effect on this lawsuit. Furthermore, while there was no evidence that the City's actions were motivated by discriminatory intent against the minor daughter or had a disparate impact on disabled individuals, there were significant factual disputes regarding whether the ADA or FHAA required the City to permit Plaintiff/Appellant to keep her miniature horse at her house. The district court's grant of summary judgment to the City on those claims was therefore reversed.|
|Animal Protection Institute of America v. Hodel||860 F.2d 920 (C.A.9 (Nev.),1988)||
The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer. The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual. Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.
|Animal Protection Institute of America, Inc. v. Hodel||671 F.Supp. 695 (D.Nev.,1987)||
In this case, animal protection groups sued the Secretary of the Interior to enjoin or restrain him from allowing the adoptions of wild horses and burros under circumstances where the defendants know the horses are being adopted for commercial slaughter or exploitation. Defendants opposed the motion and and argued that the Secretary has duly promulgated regulations permitting adoptions of such animals and provided that the animals are humanely cared for during the one year period provided for in 16 U.S.C. § 1333(c). This Court granted plaintiffs' motion, enjoining the Secretary from transferring the titles of wild free-roaming horses and burros to individuals who have, prior to the expiration of the one year “probationary period” expressed to the Secretary an intent to use said animals for commercial purposes.
|Applbaum v. Golden Acres Farm and Ranch||333 F. Supp. 2d 31 (N.D. N.Y. 2004)||
Minor child fell off of a horse while horseback riding at a resort ranch and sustained severe injuries. Parents of the minor child brought a personal injury claim against the stable and the stable moved for summary judgment. The trial court precluded summary judgment due to the existence of genuine issues of material fact relating the parent's assumption of the risk.
|Baker v. McIntosh||132 S.W.3d 230 (Ky. 2004)||
Visitor to horse farm brought action for negligence when he was injured by owners colt. Held: the owner had no duty to prevent the colt from falling against the trailer door, nor did he have a duty to warn the visitor of the potential for such an accident to occur.
|Balen v. Peltier (NOTICE: THIS OPINION IS DESIGNATED AS UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINN. ST. SEC. 480A.08(3).||2006 WL 163518 (Minn.App.2006)||
Plaintiff sued defendant for injuries she received after being thrown from defendant’s horse. Specifically, plaintiff argued that defendant knew or should have known of the horse’s “hazardous propensities” and therefore had a duty to protect plaintiff. In finding that there existed no special relationship between the parties to impart a duty to defendant, defendant’s motion for summary judgment was affirmed.
|Barney v. Pinkham||45 N.W. 694 (Neb. 1890)||
Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses. The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise. The case was remanded for determination of further proofs.
|Beaumont v Cahir|| ACTSC 97||
The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement.
|Beckwith v. Weber||277 P.3d 713 (Wyo. 2012)||
While on vacation at a ranch in Wyoming, plaintiff was thrown or fell from a horse that stepped in a large badger hole. Allegedly, the trail guide left the plaintiff and her husband at the scene in order to get help. Worried about potential wildlife attacks, the plaintiff and her husband walked to a nearby residence for assistance. The plaintiff later brought a negligence suit against the ranch for injuries she had sustained during the fall. At trial, the jury verdict stated the plaintiff had assumed the risk and the plaintiff was therefore not entitled to damages. On appeal, the plaintiff challenged a jury instruction and asserted the trial court abused its discretion when it awarded costs to the ranch. The plaintiff did not prevail on either claim.
|Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals||15 Abbott 51 (1873)||
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
|Brown v. Crocker||139 So.2d 779 (La. 1962)||
This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."
|BROWN v. TOWN OF SOUTHBURY||53 Conn. 212, 1 A. 819 (1885)||
This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.
|Browning v. State||2007 WL 1805918 (Ind.App.)||
The Brownings were each charged with 32 counts of animal cruelty and convicted of five counts for their failure to provide adequate nutrition and veterinary care to their horses and cattle. As a result, Cass County seized and boarded several of their animals at a significant cost to the county. Although only five of those horses and cattle were ultimately deemed to be the subject of the defendants' cruelty, the appellate court affirmed the order requiring the Brownings to reimburse the county for boarding and caring for the horses and cattle during the proceedings totaling approximately $14,000 in fines and costs.
|Burgess v. Taylor||44 S.W.3d 806 (Ky. 2001)||
Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress. The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.
|BURLINGTON & M.R.R.R. IN NEBRASKA v. CAMPBELL||59 P. 424 (Colo.App. 1899)||
In Burlington & M.R.R.R. in Nebraska v. Cambell , 14 Colo. App. 141 (Colo. Ct. App. 1899), plaintiff’s horse was killed by a train. Although the court reversed the verdict for the plaintiff for failure to prove defendant’s negligence, the court allowed witness testimony on the market value of the mare.
|Burns v. Leap||645 S.E.2d 751 (Ga.App., 2007)||
In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.
|Carl v. Resnick||714 N.E.2d 1 (Ill. 1999)||
In this Illinois case, plaintiff Judy Carl was riding her horse on a trail in the Cook County Forest Preserve when the horse upon which defendant was riding pinned its ears back, turned its body toward plaintiff's horse, and kicked plaintiff and her horse. One hoof struck plaintiff's leg, causing her injury. In interpreting the state's Equine Act, the court observed that plaintiff's complaint against defendant was not barred by the Equine Act unless plaintiff's recreational riding of her own horse on a public trail was one of the limited activities sought to be encouraged by the Act. After determining that there was no conflict between the Illinois EALA and Animal Control Act, the court reversed the trial court's order denying plaintiff's motion for summary judgment and entered summary judgment for plaintiff on Count I as to liability under the Animal Control Act (510 ILCS 5/16 (West 1995)).
|Carter v. Louisiana State University||520 S.O.2d 383 (La. 1988).||
Plaintiff horse owner sought review by writ of the judgment of the Court of Appeal, First Circuit, State of Louisiana, which held in favor of defendants, a veterinarian and his insurer, in the owner's action for veterinary malpractice that had arisen from the amputation of a horse's tail. The court held defendants were not exculpated from liability under La. Rev. Stat. Ann. § 9:2794 and La. Civ. Code Ann. arts. 2316, 2320, where the horse had his tail wrapped too tightly resulting in avascular necrosis from loss of blood supply, gangrene, and amputation. The court held in favor of the owner, reversed the judgment of the appellate court, and reinstated the judgment of the trial court (including $34,000 in damages).
|Cavel Intern., Inc. v. Madigan||500 F.3d 551 (7th Cir. 2007)||
The issue on appeal was whether Illinois' prohibition of horsemeat for human consumption was preempted by the Federal Meat Inspection Act (FMIA) or in violation of the dormant Commerce Clause. The court held that the statute was neither preempted nor in violation of the dormant Commerce Clause
|Central Park Sightseeing LLC v. New Yorkers for Clean, Livable & Safe Streets, Inc.||157 A.D.3d 28, 66 N.Y.S.3d 477 (N.Y. App. Div. 2017)||This New York cases balances animal right protestors' First Amendment rights against the government's interest in preserving public safety and flow of traffic on public streets. Plaintiff here is a business that operates horse-drawn carriage rides in Central Park. Defendant is an animal rights organization that protests the horse-and-carriage industry, often demonstrating where carriage operators drop off and pick up customers. At issue, is the manner in which defendants conduct their protests in the designated horse-drawn carriage zones. Plaintiff's claim defendants harass and threaten customers and drivers, and create a public safety issue by chasing after carriages. The court granted a preliminary injunction that enjoined defendants from things like physically blocking or impeding persons from riding or disembarking from carriages, physically touching associated persons or horses, yelling or shouting at persons or horses, obstructing the progress of a carriage ride, and handing literature to a person situated within a horse carriage. The court found the plaintiffs also established a likelihood of success on an action for public nuisance and a showing of a "special injury" aimed at plaintiff's business. Finding the injunction was content-neutral, this reviewing court then considered whether the challenged portions of the injunction burden speech no more than is necessary to assert the significant government interest. The court agreed with defendant that the "floating buffer zone" of the original order would be difficult for a protestor to assess and would burden speech more than is necessary. Thus, this court modified the order to prohibit any person from knowingly approaching within nine feet of a person in the loading/unloading carriage zone (a “conversational distance," said the court). The court also noted that the First Amendment does not require that protestors be allowed to interrupt the flow of traffic or endanger the public in the delivery of speech. The court also limited language in the original order that extended the reach of the injunction to “anyone else who becomes aware of this [d]ecision and [o]rder.” The court changed to this to defendants and “those acting in concert with the named parties” The order from the Supreme Court, New York County was modified as specified in this decision.|
|Clyncke v. Waneka||157 P.3d 1072 (Colo. 2007)||
In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.
|Coffey v. Bureau of Land Mgmt.||249 F.Supp.3d 488 (D.D.C. Apr. 20, 2017)||As the court here states, "Plaintiff Debbie Coffey knows a great deal about wild horses and burros—and how those animals are treated by the federal Bureau of Land Management—but she wants to learn more." As such, Plaintiff, a hose welfare advocate, filed a Freedom of Information Act (FOIA) request to the BLM to obtain communications between its officials and private citizens, namely those with long-term holding contracts, involved in the Wild Horse and Burro Program. In conjunction with her request, the BLM charged plaintiff $1,680 in processing fees, but ultimately refunded her the fees a year and half later because it failed to meet FOIA statutory response deadlines. On appeal, Coffey filed a FOIA suit and both sides moved for summary judgment. Plaintiff first argues that the BLM violated FOIA when it failed to give her interest on her processing fees. The court, however, found that awarding interest here would violate the longstanding "no-interest rule," where there was no congressional intent to award interest in such cases. As to plaintiff's argument that BLM's search for records was inadequate, the court agreed with plaintiff that the words and phrases used by BLM were too limiting to meet plaintiff's request and were thus unreasonable. The court held that BLM must choose a different set of search terms (including those suggested by plaintiff) and conduct the FOIA search again. However, the court found that plaintiff's additional contentions that: (1) the search terms were too vague; (2) the database and software needed to be identified; and (3) BLM needed to also include phone records in its search to be without merit. The parties' motions for summary judgment were granted in part and denied in part.|
|Cole v. Ladbroke Racing Michigan, Inc.||614 N.W.2d 169 (Mich. 2000)||
Plaintiff, a licensed horse exercise rider sued the operator of a horse racing facility after he had been injured when he was thrown off a horse that he had been exercising, when the horse became spooked by a kite on the Defendant’s premises. The court determined that the Equine Activity Liability Act (EALA) did not offer protection of immunity to the Defendant because the exercising was found to be an activity in preparation for a horse race and the EALA does not apply to “horse race meetings.” However, the Plaintiff had previously signed a release, which covered “all risks of any injury that the undersigned may sustain while on the premises,” therefore, the Defendant was released from liability of negligence.
|Colorado Wild Horse and Burro Coalition, Inc. v. Salazar||639 F.Supp.2d 87 (D.D.C.,2009)||
In this action, the plaintiffs (associations organized to protect wild horses and one equine veterinarian) challenged the decision of the BLM to remove all the wild horses from the West Douglas Herd Area in Colorado. Plaintiffs argued that the BLM's decision violated the Wild Free-Roaming Horses and Burros Act. Defendants countered that BLM's decision was a reasonable exercise of BLM's discretion and was thus entitled to Chevron deference. This Court held that BLM's decision to remove the West Douglas Herd exceeded the scope of authority that Congress delegated to it in the Wild Horse Act.
|Colorado Wild Horse v. Jewell||130 F. Supp. 3d 205 (D.D.C. 2015)||Finding the number of horses too high to maintain ecological balance and sustain multipurpose land use in Colorado's White River Resource Area, the US Bureau of Land Management (BLM) invoked its authority under the Wild Free–Roaming Horses and Burros Act (“Wild Horses Act”), to declare those horses to be “excess animals” and scheduled to remove them from the land. Plaintiffs—organizations challenged BLM's “excess” determinations and its decision to remove these horses. They asked the district court to enjoin BLM's planned gather. Because the Wild Horses Act authorized BLM's excess determination and BLM appeared to have used reasonable methods to estimate the total wild-horse population, the Court found that Plaintiffs were unlikely to prevail on their Wild Horses Act claims. And because the record reflected that BLM considered the cumulative effects of the proposed gather and permissibly relied on the Environmental Assessment written for a previous East Douglas HMA gather, the Court found that Plaintiffs were also unlikely to prevail on their National Environmental Policy Act claims. The Court further found that Plaintiffs were unlikely to suffer irreparable harm as a result of the gather and that the balance of equities and the public interest weighed in favor of BLM. Accordingly, the Court denied Plaintiffs' Motion for a Preliminary Injunction.|
|Commonwealth v. Brown||Commonwealth v. Brown, 66 Pa. Super. 519 (1917).||
The defendant was convicted of cruelty to animals for the use of acid on some horses' feet. The defendant appealed the descision because the lower court had found the Commonwealth's circumstantial evidence to be enough to submit the question of quilt to the jury. The Superior Court found that some of the evidence was improperly admitted by the lower court. Thus, the Superior Court reversed the judgement.
|Cornett v. Red Stone Group, Inc.||Cornett v. Red Stone Group, 41 N.E.3d 155 (Ohio Ct. App. 2015)||
Cornett filed suit against Red Stone Group, Inc. alleging negligence and premise liability. Cornett argued that Red Stone Group maintained a defective gate and fence that led to the Red Stone Group's horses escaping and trampling Cornett which caused her serious injuries. The trial court granted summary judgment in favor of Red Stone Group on the basis of that it was immune from liability under the equine activities statute. Cornett appealed the court’s decision and the court of appeals affirmed the trial court’s decision. Ultimately, the court of appeals needed to determine whether or not Red Stone Group was immune from liability under the statute. In order to determine whether or not Red Stone Group was covered under the statute, the court of appeals looked to the language of the statute. After looking at the language of the statute, the court of appeals found that Cornett was an “equine activity participant” at the time of her injury and therefore Red Stone Group could not be liable for her injuries. Finally, the court of appeals affirmed the trial court’s decision and granted summary judgment for Red Stone Group.
|Courbat v. Dahana Ranch, Inc.||141 P.3d 427 (Hawai'i, 2006)||
The cases concerns personal injuries sustained by one of the plaintiffs (Lisa) while she and her husband were on a horseback riding tour on the Dahana Ranch on the Big Island of Hawai'i. Prior to taking the ride, they signed waivers. The Courbats do not dispute that they both signed the Ranch's waiver form; rather, they assert that the Ranch's practice of booking ride reservations through an activity company, receiving payment prior to the arrival of the guest, and then, upon the guest's arrival at the Ranch, requiring the guest to sign a liability waiver as a precondition to horseback riding is an unfair and deceptive business practice. The question whether a waiver requirement would be materially important in booking a horseback tour remains one for the trier of fact. Because a genuine issue of material fact, resolvable only by the trier of fact, remains in dispute, the grant of summary judgment on the claim was erroneous the court held.
|Cross v. State||646 S.W.2d 514 (Tex. App. 1982).||
"Necessary food" in the animal cruelty statute means food sufficient in both quantity and quality to sustain the animal in question.
|Crump v Equine Nutrition Systems Pty Ltd t/as Horsepower|| NSWSC 512||
The plaintiffs claimed that they purchased horse feed from the first respondent and that the feed was contaminated with monensin. The second respondent manufactured the feed. They claimed that as a result, one of their horses died and five others were permanently injured so that they could not be used for the desired purpose. After addressing several factual issues, the trial judge found for the plaintiffs in regards to the issue of negligence by the second respondent and proceeded to assess damages with regard to the economic value of the horses to the plaintiffs, the cost of replacement, loss of profits and maintenance.
|D. Sociedad Protectora de Cocheros de Viña del Mar y otros con Ilustre Municipalidad de Viña del Mar||491-2015||Valparaíso, dos de abril de dos mil quince. VISTO: A fojas 10, comparece don M.I.S.Á., abogado, domiciliado en Plaza de Justicia Nº 45, Oficina 412, comuna de Valparaíso, en representación de Sociedad Protectora de Cocheros de Viña del Mar y de Dueños de Coches Victoria, deduciendo acción de protección en contra de la Ilustre Municipalidad de Viña del Mar, representada por su Alcaldesa, doña V.R.B., con domicilio en calle A.N. 615, comuna de Viña del Mar, en razón del acto arbitrario e ilegal consistente en la dictación del Decreto Alcaldicio Nº 11.349, de fecha 12 de noviembre de 2014, que aprueba la Ordenanza para el Transporte de Pasajeros en Coches Victoria en la comuna de Viña del Mar.|
|Dancy v. State||--- So.3d ----, 2020 WL 240457 (Miss. Jan. 16 , 2020)||The Justice Court of Union County found Michael Dancy guilty of three counts of animal cruelty and ordered the permanent forfeiture of Dancy’s six horses, four cats, and three dogs. Dancy appealed to the circuit court. The circuit court ordered that the animals be permanently forfeited and found Dancy guilty. The circuit court also ordered Dancy to pay $39,225 for care and boarding costs for the horses. Dancy subsequently appealed to the Supreme Court of Mississippi. Essentially, Dancy failed to provide adequate shelter, food, and water for the animals. The Court found that the circuit court properly released the animals to an animal protection organization. The Court also found that the reimbursement order was permissible. Two of Dancy’s three convictions were for violations of the same statute regarding simple cruelty, one for his four cats and one for his three dogs. The Court held that, according to the statute's plain language, Dancy’s cruelty to a combination of dogs and cats occurring at the same time "shall constitute a single offense." Thus, the State cannot punish Dancy twice for the same offense without violating his right against double jeopardy. For that reason, the court vacated Dancy’s second conviction of simple cruelty. The court affirmed the permanent forfeiture and reimbursement order and his other cruelty conviction.|
|Daniele v Weissenberger||2002 WL 31813949,136 A Crim R 390||
Court uphold conviction for failure to provide food and water for horses. Even thought not the owner, he was the responsible party. Sentence of $3,000 fine and suspended 3 month was not excessive.
|Davert v. Larson||209 Cal.Rptr. 445 (1985)||
On April 6, 1982, plaintiffs sued defendant Thomas Larson and others owned by defendant and others as tenants in common, for damages for negligence after plaintiffs' automobile collided with a horse. On October 21, 1983, the trial court granted defendant's motion for summary judgment finding he owed no duty of care to plaintiffs as a landowner because his 1/2500th interest in the property was small and he exercised no control over the management of the property. The Court of Appeal reversed , holding that tenants in common of real property who delegate the control and management of the property to a separate legal entity should not be immunized from liability to third parties in the case of common area torts. The Court found that it was clear that considerations of public policy require that any departure from the common law rule of liability of individual owners of property in common cannot operate to the substantial detriment of third parties.
|David v. Lose||218 N.E.2d 442 (Ohio 1966)||
Syllabus by the Court
1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment.
2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.)
|Deardorff v. Farnsworth||343 P.3d 687, review denied, 358 Or. 145 (2015)||
In this case, the Oregon Court of Appeals was reviewing whether or not the trial court erred in holding that an insurance company was estopped from relying on an exclusion in an insurance policy. The plaintiffs in this case were transporting horses in California that were owned by other when the trailer carrying the horses caught fire. The insurers for the horse owners compensated the horse owners and then filed an action against plaintiffs. As a result, plaintiffs charged the defense of the action to their insurer, OMI. OMI refused to provide a defense for the plaintiffs, arguing that it was not covered in the insurance policy. Plaintiffs filed an action against OMI to recover the costs arguing that they were verbally told that this would be covered in the policy. The trial court ordered summary judgment for the plaintiffs, holding that OMI was estopped from denying liability because it had breached its contract with plaintiff. Ultimately, the court of appeals reviewed the issue and determined that the trial court had erred in its decision. The court of appeals found that based on applicable case law, estoppel cannot be used to negate an express exclusion in an insurance policy. As a result, the court reversed the trial court's decision and remanded the case.
|Dicesare v. Stout||1993 U.S. App. LEXIS 9796||
The plaintiff was convicted under an Oklahoma anti-cruelty statute after officer seized his malnourished and neglected horses. Later, plaintiff brought suit against the officers under 42 U.S.C 1983 claiming that the officers had violated his Fourth Amendment rights under the United States Constitution. The court dismissed the plaintiff's claim after it determined that a horse corral near a home was not protected by the Fourth Amendment where the area was used for pastureland and the fence enclosing the area did not and was not intended to prevent the public from viewing the area.
|DICKERSON v. BRITTINGHAM.||86 A. 106 (Del.Super. 1913)||
In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff.