Cases

The New York Supreme Court, Appellate Division, held that the owners established that their dog did not have a propensity to jump up on people, and that they were not negligent in the manner in which they handled the dog at the time of the alleged accident.  The judgment granting defendants' motion for summary judgment was affirmed.

In a divorce decree, lower court awarded dog and car to husband; the wife appealed.  Appellate court found that distinction between community and separate property was unimportant and held that wife was entitled to the dog, but the husband remained entitled to the car.

At issue is an Eagan, Minnesota ordinance that provides an impounded animal must be held for five days before being destroyed.  In direct contravention of the ordinance and statute, Eagan animal warden Cary Larson and police officer Robert O'Brien, in performance of their duties, intentionally killed Timothy Wilson's pet cat on the same day it was properly impounded.  By first finding that punitive damages were not precluded by statute against municipal employees, the court then examined whether punitive damages were appropriate in this case.  While the court did not find that Larson acted with malice, it did find that his conduct in violating the statute showed a willful disregard for property rights. 

Maryland Court of Appeals held that animal-cruelty statute did not apply to researchers because there are certain normal human activities to which the infliction of pain to an animal is purely incidental and unavoidable.

This action was brought by plaintiff as owner of a 3 year old thoroughbred race horse, named Pribal, against defendant, a veterinarian, charging defendant so mishandled the horse that it sustained physical injuries and emotional trauma; that the emotional stability of the horse worsened until finally it was exterminated. The court held that the evidence failed to show any proximate cause between the surgery that was performed on the horse and the subsequent care and transport of the horse by the veterinarian. 

As the court stated, what caused Pribal to become mean and a "killer" is speculative; the O.S.U. Veterinary Clinic records in evidence did not indicate any causal relationship between the handling of Pribal by the defendant and the subsequent personality change resulting in Pribal becoming a "killer horse."

Police raided defendant's home and found an area converted into an arena for dog fighting. Defendant was found guilty  of promoting or engaging in dog fighting or possessing a dog for that purpose. On appeal, the court found that the based on the evidence a jury could have reasonably concluded that defendant was aware that on property owned by her and her husband an arena had been built for the purpose of clandestine dog fighting and that she was aware it was so being used.

A cruelty to animals case. The State alleged that the appellees tortured four dogs by leaving them without food and water, resulting in their deaths. Examining section 42.09 of the Texas Penal Code, Cruelty to Animals, the Court found that “torture” did not include failure to provide necessary food, care, or shelter. The Court held that the criminal act of failing provide food, care and shelter does not constitute the felony offense of torture.

Defendant was convicted of possessing Bald Eagle feathers in violation of Migratory Bird Treaty Act (MBTA) after receiving the feathers in the mail from a friend to complete a craft project.  On appeal, defendant challenged her conviction, alleging that she did not possess the requisite knowledge and that the act itself was vague as to the level of intent, or scienter .  The court affirmed defendant's conviction finding that the evidence established that defendant knowingly possessed eagle feathers in violation of MBTA, the conviction did not amount to punishment of wholly passive conduct contrary to defendant's suggestion, and that MBTA was not vague nor overbroad with regard to intent.  For further discussion on the intersection of the MBTA and the Eagle Act, see Detailed Discussion of the Eagle Act .

In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish.  Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs.  In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute.  Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.

Despite "Good Samaritan" intent, the defendant was liable for conversion where he authorized a sick puppy's euthanasia without first making reasonable efforts to locate its owner. The court also awarded $50 for the puppy's replacement value and $100 for mental anguish and humiliation.

This case involves an action by a dog owner against farmer for wrongfully impounding dogs and against town constable for wrongfully killing the dogs.  The Vermont Supreme Court held that farmer had acted in a reasonable and prudent manner by contacting the constable, where he never intended to "impound" the dogs when he secured them overnight in his barn after finding them in pursuit of his injured cows.  However, the issue of whether the dogs were wearing a collar as required by state law precluded the granting of a directed verdict for the constable.  (Under state law, a constable was authorized to kill dogs not registered or wearing a prescribed collar.)  The court held that it was necessary for the jury to make this determination.

In this New York case, the plaintiff brought an action to recover for a dog bite sustained when she was walking on a local bike path. The court noted that it has consistently held, “a plaintiff may not recover for injuries sustained in an attack by a dog unless he or she establishes that the dog had vicious propensities and that its owner knew or should have known of such propensities”  Here, defendant and his girlfriend testified, without contradiction, that they did not experience any problems with the dog prior to the incident with Malpezzi. Specifically, each testified that Oreo did not display any act of aggression prior to biting Malpezzi. In opposition, plaintiff primarily relies upon the purportedly vicious nature of the attack, the fact that Oreo allegedly was restrained while on defendant's property and Oreo's specific breed. However, the court observed that where, as here, there is no other evidence even suggesting that defendant knew or should have known of Oreo's allegedly vicious propensities, consideration of the dog's breed is irrelevant. As such, Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint.

In this Arkansas case, a neighbor intentionally shot and killed the plaintiff’s pointer bird dog. The defendant neighbor admitted to intentionally killing the dog to protect his property (to wit, cattle). In affirming an award of actual and punitive damages, the court held that punitive damages were available where the defendant acted in a willful, malicious, and wanton manner.

The owner of a horse tried to enter his horse into the 64th Annual Tennessee Walking Horse National Celebration. Upon closer inspection of the horse, experts determined the horse was "sore," meaning the horse had an injury to or sensitization of its legs that induced a high stepping gait for which Tennessee Walkers are known. While the horse's owner contended that the soreness occurred as a result of  the West Nile Virus, he was eventually convicted with a violation of the Horse Protection Act, (15 U.S.C. §§ 1821-1831). This Court affirmed Lacy's conviction, finding that that substantial evidence supported the JO's conclusion that Lacy failed to rebut the statutory presumption of soreness.

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.

Roosevelt Fountain, Sr. ("Fountain") and his daughter, Shirley Fountain Ellison ("Ellison") operated an oyster fishing business in Cameron Parish, Louisiana, called Fountain Seafood, Inc., where their convictions arose from the manner in which they operated the business (i.e., tagging violations, taking of oysters from closed areas, taking of excess limits of oysters, and licensing violations).  The indictment further contended that the appellants worked to accomplish this goal by creating false records relating to their oyster sales.  The court held that it was not error for no instruction on the term "willfully," since the false record provision refers to "knowingly" as the mens rea requirement.  Further, the court held that "materiality" is also not a provision of the Lacey Act's false records provision.

Defendant sells a headdress containing golden eagle feathers obtained before 1962 to an undercover officer.  Court finds this case directly controlled by Andrus v. Allard .  Court reiterates prohibition on any eagle commerce.  For further discussion on the restriction of commerce in eagle parts under the BGEPA, see Detailed Discussion of Eagle Act.

Pet owners sued after their pets were seized, detained, injured, or destroyed by the Humane Society. Pet owners’ attempts to certify a class failed because the claims were not typical. The members of the proposed class allegedly suffered a wide range of deprivations, were provided with different kinds of notice, and claimed distinct injuries. The class certification motion was also denied because the proposed members sought individualized monetary relief.

The Fifth Circuit United States Court of Appeals affirmed the district court's decision that the Federal Meat Inspection Act focuses on the processes used by a manufacturer and not the product itself, and that the presence of Salmonella bacteria in the meat does not necessarily make a product "adulterated" because the act of the cooking meat normally destroys the bacteria.

Defendant moved to suppress evidence after being charged with multiple counts of animal neglect. The Court of Appeals held that the warrant affidavit permitted reasonable inference that neglect continued to exist at time of warrant application. The warrant affiant stated her observations four months prior to the warrant application that horses appeared to be malnourished and severely underweight.

In Trautman v. Day, 273 N.W. 2d 712 (N.D. 1979), defendant shot plaintiff’s dog when it ran through defendant’s herd of cows. The court affirmed a verdict of $300 for plaintiff’s dog. In addition, the Court declined to apply the defense of immunity based on a statute concerning the “worrying of livestock.