Veterinarian Issues: Related Cases

Case namesort ascending Citation Summary
Hines v. Quillivan 982 F.3d 266 (5th Cir. 2020) This case asks whether a veterinarian in Texas has a right to engage in telemedicine for a pet he has not physically examined. The plaintiff challenged Texas' physical-examination requirement that prohibits veterinarians from offering individualized advice to pet owners unless the vet previously examined the animal. Dr. Ronald Hines, a licensed veterinarian in Texas, stopped practicing in-person veterinary medicine in 2002 due to his age and other ailments. He then transitioned to a practice based remotely through the Internet. In 2012, the Texas State Board of Veterinary Medical Examiners (the Board) investigated Hines and found he had violated state law. The Board ordered him to cease providing veterinary advice electronically without first physically examining the animal. In 2013, Dr. Hines filed suit against the Board members claiming that the physical-examination requirement violated his First Amendment, equal-protection, and substantive-due-process rights. The district court then granted the motion to dismiss by the Board and the Court of Appeals found Hines failed to state a claim on appeal. Since that 2015 opinion, Texas revised its medical doctor laws, allowing them to engage in telemedicine, but did not do the same for veterinary practice laws. In addition to that change, a United States Supreme Court held that statements made by medical doctors could now be deemed "professional speech" (the "NIFLA" case). As a result of these changes, Hines brought the present suit arguing that the changes in Texas' telemedicine laws and the NIFLA case enabled him to pursue a new equal-protection claim and First Amendment claim. With regard to his protected speech claim, this Court found that subsequent caselaw does entitle Hines' claim to greater judicial scrutiny than his previous case allowed. Thus, remand to the district court to make the initial evaluation of whether Hines' conduct or speech is being regulated is required. On the equal-protection argument, the court found that Hines presents an argument slightly different than his previous one. In essence, Hines argued in the prior appeal that the he physical-examination requirement treated veterinarians engaging in telemedicine differently than other veterinarians. Here, Hines argues that changes to the medical doctor licensing laws treats medical doctors differently than veterinarians in the state with respect to telemedicine. Using a rational-basis review, the court held that it is rational to distinguish between human and animal medicine because of the differences in training, schooling, and overall practice of the professions. The court found the state's proffered reason that animals cannot communicate their symptoms as humans can ordinarily was a persuasive rational basis (although both Hines and the Dissent note that some humans like infants are unable to speak similar to animals and yet are allowed to be treated via telemedicine). The court found the services provided by both professions are not interchangeable and thus, the physical-examination requirement is not a protectionist measure for medical doctors. Ultimately, the court left it to the Texas legislature to expand any telemedicine changes to the veterinary practice code. The action was affirmed in part, reversed and remanded in part.
Hines v. Pardue --- F.Supp.3d -------, 2023 WL 5254673 (S.D. Tex. Aug. 15, 2023) Plaintiff and veterinarian Ronald S. Hines brings this action to challenge a Texas law that mandates a veterinarian conduct a physical examination of an animal before practicing veterinary medicine on the grounds that the law violates his First Amendment right to free speech. Plaintiff, who was unable to maintain a veterinary practice in person due to medical issues, began providing veterinary advice to animal owners via a website without first examining their animals. Plaintiff was disciplined by the Texas State Board of Veterinary Medical Examiners for doing this, and was fined $500 and sentenced to a year of probation. Plaintiff then sued the members of the Board on two separate occasions, with the second appeal being remanded by the Fifth Circuit with instructions to determine whether the requirement for a physical examination before issuing veterinary advice regulates speech incidentally to the regulation of non-expressive professional conduct, or is a regulation of non-expressive conduct. Here, the district court first examined multiple instances of plaintiff providing veterinary advice to animal owners via the internet. Next, the court asserts that plaintiff has standing to pursue his claims against the board. Lastly, the court examines plaintiff’s First Amendment argument. Plaintiff argues that his email exchanges with animal owners constitutes speech, and the court agrees that this is speech and that the Examination Requirement regulates this speech. However, the court finds that this regulation of plaintiff’s speech is content neutral, because the requirement for a physical examination of the animals before issuing advice applies neutrally to all forms of veterinary care and veterinary speech regardless of content. Therefore, the court held that defendants may enforce the Examination Requirement without violating plaintiff’s free speech rights.
Hewitt v. Palmer Veterinary Clinic, PC 35 N.Y.3d 541, 159 N.E.3d 228 (2020) This is an action for negligence and premises-liability brought by a plaintiff, who was attacked by another patron's dog in the waiting room of defendant veterinary clinic. Plaintiff alleges defendant had a duty to provide a safe waiting area, which was breached by allowing the aggressive dog to attack her. Defendants allege that it had no knowledge of the dog's prior aggressive tendencies, and moved for summary judgment. The Supreme Court granted defendants motion for summary judgment, and the plaintiff appealed. The court found that a lack of notice of the dog's vicious propensities does not alleviate defendant's liability to provide a safe waiting area, and modified the lower court's granting of summary judgment.
Henry v. Zurich American Ins. Co. 2012-888 (La. App. 3 Cir. 2/6/13), 107 So. 3d 874 This case concerns whether a veterinarian committed malpractice during the performance of a minor surgical procedure on a racing horse that led to the death of that horse. The owners of that racing horse filed suit against the veterinarian, veterinary clinic, and insurer of the clinic, seeking damages for the death of the racing horse. The trial court held in favor of the defendants, and this appeal followed. On appeal, the court found no error in the trial court's reasoning when issuing the judgment in favor of defendants, and affirmed the judgment of the lower court.
Hendrickson v. Tender Care Animal Hospital Corporation 312 P.3d 52 (2013) Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death.
Greives v. Greenwood 550 N.E.2d 334 (Ind.App. 4 Dist.,1990)

Cattle breeders sued veterinarian who negligently vaccinated two cows leading to slaughter of one and quarantine of the herd was quarantined. The Court of Appeals held that breeders: (1) could not recover lost profits from unborn and future unborn calves; (2) could not recover damages for injury to business reputation; (3) could not recover for default in payment of financial obligations or collection procedures brought against them; (4) were properly allowed to present evidence as to the loss of net profits as result of cancellation of spring production sale and subsequent delay in selling animals; and (5) interest expense was not a variable cost for purposes of action.

Gonzalez v. South Texas Veterinary Associates, Inc. Not Reported in S.W.3d, 2013 WL 6729873 (Tex. App. Dec. 19, 2013), review denied (May 16, 2014) Plaintiff acquired an indoor/outdoor cat with an unknown medical and vaccination history. Plaintiff took cat to defendant for treatment and the cat received a vaccination. The cat soon developed a golf-ball-sized mass that contained a quarter-sized ulceration which was draining “matter” on the cat's right rear leg. When plaintiff returned the cat to the defendant, defendant diagnosed the cat with an infection, prescribed an antibiotic for treatment, and instructed Gonzalez to return if the cat's symptoms did not improve. When the cat's symptoms did not improve, plaintiff took the cat to another veterinarian who diagnosed the cat with vaccine-associated sarcoma. The cat had to be eventually euthanized. Acting pro se, the plaintiff filed suit, alleging that defendant failed to: (1) inform her of vaccine-associated sarcoma risk; (2) adhere to feline vaccination protocols; and (3) properly diagnose vaccine-associated sarcoma in the cat, which resulted in the loss of her life. On appeal, plaintiff asserted that the trial court erred by granting defendant's no-evidence and traditional motions for summary judgment. After examining the evidence in the light most favorable to plaintiff and disregarding all contrary evidence and inferences, the court concluded that the plaintiff brought forth more than a scintilla of probative evidence establishing the relevant standard of care to prove her malpractice claims. The trial court, therefore, erred by granting the no-evidence summary judgment. On the traditional summary judgment claim, the court held that that the defendant's evidence did not conclusively prove that a veterinarian complied with the applicable standard of care in light of another veterinarian's report to the contrary. The trial court, therefore, erred by granting defendant's traditional motion for summary judgment. The case was reversed and remanded.
Gomez v. Innocent 765 S.E.2d 405 (Ga.App., 2014) Josh Gomez took his dog, Pilot, to Pet First Animal Hospital because Pilot was lethargic and throwing up. Gary Innocent, the veterinarian, diagnosed Pilot with parvo virus that could have killed him if left untreated. Innocent gave Gomez an estimate of $1,453.25 for the dog’s care. The animal hospital required full payment up front, but Gomez could not afford to pay so Innocent accepted $400 for one night’s care. Gomez left the dog for the night and called the following day. He was informed that he owed an additional $751.25. Gomez paid the $751.25 on the following day. Upon picking up Pilot from the animal hospital he was informed that he owed an additional $484.80. Gomez could not pay the $484.80 so Innocent asked Gomez to leave Pilot at the animal hospital until the bill was paid. Gomez obliged and left Pilot there. After Pilot was at the animal hospital for 20 days, a good Samaritan paid the dog’s accrued bill of $972. Gomez sued, alleging that Innocent and PetFirst breached their contract by refusing to return the dog after he paid the amounts agreed to, but before he paid “additional sums not agreed to by the parties in their initial contract.” The trial court granted summary judgment in favor of Innocent and PetFirst. This appeal followed. Gomez claimed that the trial court erred in granting summary judgment because genuine issues of material fact existed as to the validity of the veterinary lien statute. The Court stated that Innocent was a licensed veterinarian who, at Gomez’s request, treated Gomez’s dog. Gomez signed a treatment authorization form and was informed that all professional fees were due at the time services were rendered. A detailed written estimate of the expected treatments and costs was given to Gomez which stated that the total final bill could vary from the estimate. Gomez did not present any evidence creating an issue of material fact as to the accuracy or validity of any of the charges on the itemized bill that Innocent produced. Innocent met his burden by showing that he acted properly in relying on the veterinary lien statute to retain the dog when Gomez failed to pay. The Court affirmed the trial court’s judgment.
Gilman v. Nevada State Board of Veterinary Medical Examiners 89 P.3d 1000 (Nev. 2004)

The Slensky's took their ill beagle to Defendant's Animal Hospital for routine vaccinations and examinations due to the dog's loose stools for four days.  X-rays of the dog were taken, and when the dog was returned to the Slensky's, where it then collapsed.  Defendant instructed them to take the dog to the emergency clinic, where it later died.  The family filed a complaint with the Nevada State Board of Veterinary Medical Examiners, and Defendant was later convicted of gross negligence and incompetence, an ethics violation, and for using an unlicensed veterinary technician.  His license was suspended and he was placed on probation.  The Court held that Defendant:  (1) could be assessed costs of the proceeding; (2) he could not be assessed attorney's fees; (3) the Board could award expert witness fees above the statutory cap; (4) the Board failed to justify the imposition of costs for an investigator; and (5) statutes did not permit the employment of an unlicensed veterinary technician.

Gabriel v. Lovewell 164 S.W.3d 835 (Texas, 2005)

A Texas horse owner brought action against horse farm for negligence and breach of implied warranty in connection with the death of a horse in care of horse farm. On appeal of a decision in favor of the horse owner, the Court of Appeals held that by asking veterinarian if veterinarian told the horse owner that the horse died because it was not brought to veterinary clinic soon enough, the horse farm opened the door, and thus, the previously-rejected hearsay testimony regarding horse owner's conversation with veterinarian was admissible for limited purpose of impeaching veterinarian's testimony. Thus, the evidence was legally and factually sufficient to support the jury's verdict.

Folsom v. Barnett 306 S.W.2d 832 (Ky. 1957)

Defendant-veterinarian sought appeal of a judgment against him for malpractice resulting from the injury to plaintiff’s thoroughbred colt that resulted in its destruction. The Court of Appeals held that an examination of the record revealed that sufficient evidence was produced to put in issue the question of whether appellant used such skill and attention as may ordinarily be expected of careful and skillful persons in his profession. Thus, the issue was correctly submitted to a jury.

Fackler v. Genetzky 595 N.W.2d 884 (Neb., 1999)

Plaintiffs sued defendant for the death of their racehorses resulting from alleged veterinary malpractice.  The court held that a genuine issue of material fact as to whether veterinarian's actions comported with professional standard of care in treating racehorses precluded summary judgment.  However, the owners were not entitled to recover damages for their emotional distress as result of veterinarian's alleged negligent destruction of horses.  Nebraska law has generally regarded animals as personal property and emotional damages cannot be had for the negligent destruction of personal property.

Elephant, Inc. v. Hartford Acc. & Indem. Co. 239 So.2d 692 (La.App., 1970)

A veterinarian agreed to house, transport, and care for an elephant at no charge other than the actual expenses incurred therewith. One evening, the elephant ingested some poison left in its stall by the veterinarian and later died.  On appeal of the trial court award to plaintiff, the Court disagreed with defendant’s contention that he, as a gratuitous depositary, could only be held liable for gross negligence, willful misconduct, or fraud. In fact, the civil code in Louisiana, states the burden of a depositary is "that of ordinary care which may be expected of a prudent man."  However, an  agreement between the parties was found to release Dr. Cane of liability from negligent acts.

Eastep v. Veterinary Medical Examining Bd. 539 P.2d 1144 (Or.App. 1975)

Petitioner-veterinarian sought judicial review of veterinary medical examining board's denial of his application for renewal of his license to practice, and the permanent revocation of his right to practice veterinary medicine in Oregon.  The Court held that there was ample evidence ample evidence to support board's finding that petitioner was guilty of unprofessional conduct for misrepresentation to dog owner of surgical services allegedly rendered, whether the standard adopted be that of 'clear and convincing evidence,' as petitioner urges, or that of 'reliable, probative and substantial evidence' (ORS 183.480(7)(d)), as urged by respondent.

Dyess v. Caraway 190 So.2d (666 La.App., 1966)

Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment.

Durocher v. Rochester Equine Clinic 629 A.2d 827 (N.H. 1993)

Plaintiff horse owner appealed from the orders of the Merrimack County Superior Court (New Hampshire), which dismissed his action for veterinarian malpractice for failure to designate an expert medical witness to prove that the owner's horse was permanently injured, and that defendant veterinarians' negligence caused such injury. On appeal, the court agreed that no medical expert testimony was necessary to determine whether a veterinarian was negligent in operating on the wrong animal. However, the court held that expert testimony was necessary to assist jurors in this case on the issues of causation and injury, and generally as to the standards of veterinary care.

Downing v. Gully, P.C. 915 S.W.2d 181 (Tex. App. 1996)

Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians.

DeLany v. Kriger Slip Copy, 2019 WL 1307453 (Tenn. Ct. App. Mar. 20, 2019) This unpublished Tennessee case concerns a veterinary negligence action. The owners of a cat filed a wrongful death complaint against the cat's veterinarian and animal hospital after the cat was killed when the veterinarian wrongly placing a feeding tube into the cat's trachea rather than her esophagus, causing the cat to aspirate and die when she was fed through the tube. The trial court held that the defendants were not liable because the cat was so ill she was likely to die anyway, and thus dismissed the complaint. The cat was 10-years old when she was brought in because she was acting a "little slow" and had not eaten in a couple days. Through discovery and at trial, it was observed that the cat had a septic abscess on her liver with a 79% mortality rate. On appeal here, this court first took issue with the trial court's finding for causation in the negligence analysis. This court found that the evidence was "undisputed" that the cat died as a result of the improperly placed feeding tube, which was further supported by x-rays showing the feeding tube in the trachea rather than the esophagus. Because the trial court did not find causation, damages were not addressed. Here, the court noted that domestic pets are considered private property in Tennessee. The law is settled that a pet owner can recover for the wrongful death of his or her pet in the state. Further, Tenn. Code Ann. § 44-17-403 provides that a dog or cat owner is entitled to recover up to $5,000 in noneconomic damages for "the unlawful and intentional, or negligent, act of another or the animal of another . . ." but that no award of noneconomic damages is permitted in “an action for professional negligence against a licensed veterinarian.” While Mr. DeLany testified he considered the cat's fair market value at $5,000, another veterinarian joined as a defendant testified that a healthy cat has a value of around $75 and a sick cat has a value of $0.40. The appellate court stated that the calculation of damages is a matter for the fact-finder, and the case was remanded to the trial court to determine the appropriate amount of economic damages. This would include, but not be limited to, the medical bills incurred for Callie's treatment and the cost of replacing Callie, said the court.
Daughen v. Fox 539 A.2d 858 (Pa. Super. 1988)

Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays.  The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test.  With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal.  

Coy v. Ohio Veterinary Med. Licensing Bd. 2005 Ohio App. LEXIS 756

A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.

City of Houston v. Levingston Not Reported in S.W.3d, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.))

A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).

City of Houston v. Levingston 221 S.W.3d 204 (Tx.App.-Hous.(1 Dist.) 2006)

This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.

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).

Carroll v. Rock 469 S.E.2d 391 (Ga. App., 1996)

After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees.  The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others.  Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious. 

Brockett v. Abbe 206 A.2d 447 (Conn.Cir.A.D. 1964)

Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow.  The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.

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.
Bedford v. Jorden 698 P.2d 854 (Mont. 1985)

This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.

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.

Anzalone v. Kragness 826 N.E.2d 472 (Ill. 2005)

A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted. 

Animal Hospital of Elmont, Inc. v. Gianfrancisco 418 N.Y.S.2d 992 (N.Y.Dist.Ct., 1979)

In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309.

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