Horses: Related Cases

Plaintiff horse owner sought review of a judgment by the District Court of Yellowstone County, Thirteenth Judicial District (Montana), which entered a directed verdict in favor of defendant veterinarian on the owner's claims of professional negligence. On appeal, the court affirmed the trial court's decision, holding that the owner was required to prove the veterinarian's negligence by expert testimony, and that he failed to do so.  In addition, the court The court found that the "defendant's admissions" exception to the expert testimony requirement did not apply because the veterinarian did not admit that he deviated from the standard of care.

In Zenier v. Spokane Intern. R. Co ., 78 Idaho 196 (Idaho 1956), a rancher’s mare and colt was killed, and the rancher sought statutory damages and attorney fees. A jury found for the rancher and imposed damages mainly on his testimony as to value. The railroad sought review, stating that the rancher's own negligence in allowing the horses to run barred recovery and there was no objective evidence as to value. The court upheld the award, finding that the animal’s value to the rancher was permitted as a basis for determining damages where personal property has been injured by the willful or negligent act of another.

Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.

In this case, James Wemer appealed the lower courts decision to grant summary judgment in favor of the defendant John Walker. Wemer initially filed suit against Walker alleging that the injuries he suffered from a horse-bite at Walker’s barn was due to negligence and wanton recklessness of Walker. The trial court reviewed the issue and granted summary judgment in favor of Walker based on the Equine Immunity statute. The Court of Appeals reversed and remanded the trial court’s decision on appeal. However, the trial court once against granted summary judgement in favor of Walker and Wemer appealed. On the second appeal, the Court of Appeals determined whether or not Walker was immune from liability under the Equine Immunity statute. The Court of Appeals found that Walker was immune from liability under statute because of the fact that Walker had warned Werner that his horses had a tendency to fight and Wemer voluntarily chose to get involved in separating the horses which led to his injuries. The Court of Appeals focused on the fact that both parties had a knowledge regarding equine activity and that Wemer was unable to establish that Walker’s conduct was willful or wanton under the circumstances presented. As a result, the Court of Appeals affirmed the summary judgment in favor of Walker.

Minor sued farmer horse-owner for negligence after farmer's horse bit him. The Appellate Court reversed summary judgment, holding that a fact issue remained as to whether the farmer had notice that the horse belonged to a class of domestic animals that possessed a natural propensity to bite. Such knowledge may make certain injuries foreseeable, giving rise to a duty to use reasonable care to restrain the animal to prevent injury.

The defendant had adopted 109 wild horses through the federal Adopt-a-Horse program, whereby excess wild horses were adopted out to private individuals under the stipulation that the horses would be treated humanely and not used for commercial purposes.  The defendant was charged under the criminal provisions of the Wild Free-Roaming Horses and Burros Act and with conversion of government property after he sold a number of the adopted horses to slaughter.  At trial, the defendant argued that he could not be found guilty of conversion because the federal government did not have a property interest in the horses, as the power to regulate wild horses on public lands does not equate to an ownership interest in the horses by the federal government.  The court held that, regardless of whether the WFRHBA intended to create an ownership interest in wild horses, the government has a property interest in wild horses that it has captured, corralled, and loaned out.  

RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years.

In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then  brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks.

Defendant argued that being in "possession" of neglected, suffering animals was not a crime. The court held that where a veterinarian testified that the horses were anemic and malnourished and where defendant testified that he had not purchased enough to feed them, the evidence was sufficient to authorize the jury to find defendant guilty beyond a reasonable doubt of seven counts of cruelty to animals. The court held the trial court did not err in admitting a videotape depicting the horses' condition and that of the pasture when the horses were seized, where the videotape was relevant to the jury's consideration.

A family friend wanted to ride a horse and the horse owner told him it was rideable, despite knowing the horse was not fully trained yet.  The family friend sued after being kicked in the eye, knocked unconscious and paralyzed by the horse.  The Court of Appeals reversed the trial court's entry of summary judgment for the horse owner on the basis that there was still a genuine issue of material fact as to the horse owner's immunity under the Equine Activities Act. 

An owner of a horse farm acquired a new horse that had only recently been broken in and got a woman with some health problems to ride the horse. The horse bucked and threw the defendant off the horse causing injury. The court held that even though riders assume the risk of most injuries, a horse owner can be liable for failure to take reasonable measures to match the rider to a suitable horse.

Plaintiff entered an oral agreement for defendant to board and train her horse, Talladega.  The horse died within  two months from starvation, and the Harnett County Animal Control found three other horses under defendant's care that were underfed, and seized them.  The jury trial resulted in a conviction of two counts of misdemeanor animal cruelty from which the defendant appeals.  However, this court affirms the jury's conviction, stating that the assignment of error is without merit and would not have affected the jury's conviction. 

The defendants were convicted and sentenced upon an information under section 1609, Revised Statutes of 1879, charging them with unlawfully, wilfully and cruelly overdriving a horse, and thereupon prosecute this appeal. The court held that the evidence that a horse was overdriven does not warrant a conviction under Revised Statutes, 1879, section 1609, in the absence of proof, that the overdriving was wilful and not accidental. Thus, the court reversed the lower court.

Appeal from a district court decision relating to mental state requirements of an animal owner.  The Court of Appeals reversed a district court finding which required a higher mental state than negligence in violation of a statute which provides that the owner or custodian of an animal or livestock shall not "permit" animal to run at large. The Court of Appeals found that the offense does not require a culpable mental state.

This case involved an appeal from this conviction. The trial court found that the defendant rode the animal while it had a deep ulcerated cut on its back, and supplied it with insufficient food. The Oregon Supreme Court affirmed the conviction.

In this Ohio case, defendant was convicted of 10 counts of cruelty to animals resulting from her neglect of several dogs and horses in her barn.  On appeal, defendant argued that the evidence was insufficient where the prosecution witness did not state the dogs were "malnourished" and said that a couple were reasonably healthy.  The appellate court disagreed, finding that defendant mischaracterized the veterinarian's testimony and that there was no requirement to prove malnourishment.  Further, the dog warden testified that she did not find any food or water in the barn and that the animals' bowls were covered with mud and feces.

In a state prosecution for animal neglect, the trial court ordered forfeiture of the animals to a humane agency. An appeal by the owner of the animals was dismissed by the Court of Appeals for lack of jurisdiction. The Oregon Supreme Court reversed the lower courts and held that the statutes controlling appealable judgments allowed the animal owner to appeal the forfeiture of the animals.

Defendants were convicted of animal cruelty with regard to underweight and malnourished horses.  The Superior Court reversed, holding that the evidence was insufficient to sustain a jury finding, and the State appealed.  Held:  reversed.

Police seized 120 neglected horses pursuant to a search warrant and a Circuit Court Judge allowed humane societies to dispose of the horses.  The owner of the horses sought a writ of mandamus against the Circuit Court Judge.  The Missouri Supreme Court held the Circuit Court Judge had jurisdiction to permit the seized horses to be disposed of and the impoundment statute was not unconstitutionally vague.

Defendant's horses were seized on December 14, 2005 pursuant to a search and seizure warrant signed by the court. The warrant was sought, in part, on affidavits that alleged possible violations of the Cruelty to Animals statutory provisions. Defendant Rowley filed the instant motion to dismiss for lack of subject matter jurisdiction arguing that the court lacks jurisdiction because the state has failed to comply with the provisions of § 22-329a and because the search and seizure warrant is invalid. Specifically, defendant maintains that the phrase in subsection (a) authorizing the chief animal control officer to "lawfully take charge of any animal found neglected or cruelly treated" merely allows the officer to enter the owner's property to care for the animal, but does not authorize seizure of the animal without a prior judicial determination. This court rejected Rowley's interpretation of the phrase "lawfully take charge." The court found that, as a practical matter, it is inconceivable that animal control officers, having found animals that are neglected or cruelly treated, would then leave them at the property.