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CA - Animal Control - Chapter 4. Animal Control Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them.
CA - Abandonment - § 597s. Abandonment of animals

This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game.

CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers;

Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.

CA - Abandonment - § 597.2. Equines; abandoned or relinquished; auction and adoption programs This California statute sets forth the requirements for the sale of equines at a private or public auction and that the minimum price must be above the animal's slaughter price. It also provides that a sale to an individual who buys an equine under the personal use provision shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter.
CA - Abandonment - § 597.1. Failure to care for animals; misdemeanor; powers and duties Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. The statutes also creates a duty in peace officers, humane society officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.
Butcher v. Gay


Plaintiff alleged that she had contracted Lyme disease "as a result of exposure to infested ticks" on respondent's property, and that respondent had "failed to spray the area, post signs or prevented [sic] domestic dog(s) from coming into contact with the plaintiff - jumping in her lap - thereby exposing her to a vector of the disease without her knowledge. Court found no duty toward the plaintiff and allow the motion for summary judgment against the plaintiff to stand.

Bushnell v. Mott


In this Texas case, the plaintiff (Bushnell) brought an action against the defendant (Mott) for her injuries sustained when defendant's dogs attacked plaintiff. The district court granted summary judgment to defendant. The Texas Supreme Court reversed, and held that the owner of a dog


not known to be vicious


owes a duty to attempt to stop the dog from attacking a person after the attack has begun, and Mott's behavior after the attack had begun raises an issue of material fact whether Mott failed to exercise ordinary care over her dogs.

Burns v. Leap


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.

BURLINGTON & M.R.R.R. IN NEBRASKA v. CAMPBELL


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.

Burgess v. Taylor


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.

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