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Barton v. State |
Four defendants were convicted of dog fighting in violation of
O.C.G.A. §
16-12-37
and they
were also convicted of gambling in violation of
O.C.G.A. §
16-12-21(a)(1)
. On appeal, the court rejected the constitutional attacks on §
16-12-37. The court affirmed the convictions only with respect to one defendant and reversed the convictions as to the remaining three defendants based upon the sufficiency of the evidence.
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Bartlett v. State |
In this Florida case, the court held that the evidence was sufficient to support a conviction for felony cruelty to animals after the defendant shot an opossum "countless" times with a BB gun after the animal had left defendant's home. As a result, the animal had to be euthanized. The court wrote separately to observe that the felony cruelty section (828.12) as written creates a potential tension between conduct criminalized by the statute and the lawful pursuit of hunting. The commission of an act that causes a "cruel death" in Section 828.12 applies to even the unintended consequence of a lawful act like hunting.
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Barrios v. Safeway Ins. Co. |
Louisiana dog owners sued motorist for mental anguish and property damage
after their dog was hit and killed by defendant's car. The lower court awarded damages to each of the dog owners in the total amount of $10,000. The Court upheld that the damages award of $10,000 because the dog was killed as a result of motorist's negligence, the owners were nearby and immediately arrived at scene to find their beloved dog dead, the dog was extremely valuable to owners, who had a close family-like relationship with dog for approximately 12 years, and the loss caused the owners to suffer psychic trauma.
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Barrett v. State |
This case concerns a New York law that protected beavers and their habitat in New York by stating that no one "shall molest or disturb any wild beaver or the dams, houses, homes or abiding places of same." The claimants owned land that endured considerable commercial destruction due to the beavers that were present. Claimants were initially awarded damages and alleged on appeal that the law represented an unconstitutional exercise of police power and, that, since the beavers were "owned" by the state at the time of the destruction, the state is liable for the damage. The Court disagreed, finding the ownership of wildlife is in the state in its sovereign capacity, for the benefit of all the people. As a result, the state was acting in its proper police power authority and is not liable for the damage that ensued from "liberating" the beaver.
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Barney v. Pinkham |
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.
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Barnes v. City of Anderson |
Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.
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BARKING HOUND VILLAGE, LLC., et al. v. MONYAK, et al. |
In 2012, Plaintiffs Robert and Elizabeth Monyaks took their dogs Lola and Callie, for ten days to a kennel owned by Defendants Barking Hound Village, LLC (“BHV”) and managed by William Furman. Callie, had been prescribed an anti-inflammatory drug for arthritis pain. However, three days after picking up their dogs from BHV, Lola was diagnosed with acute renal failure and died in March 2013.The Monyaks sued BHV and Furman for damages alleging that while at the kennel Lola was administered toxic doses of the arthritis medication prescribed for Callie. BHV and Furman moved for summary judgment on all the Monyaks' claims asserting that the measure of damages for the death of a dog was capped at the dog's fair market value and the Monyaks failed to prove that Lola had any market value. The Court of Appeals concluded that the proper measure of damages for the loss of a pet is the actual value of the dog to its owners rather than the dog’s fair market value. The court stated that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating injuries, as well as by other economic factors. However, evidence of non-economic factors demonstrating the dog's intrinsic value to its owners would not be admissible. The Supreme Court of Georgia reversed in part and held that the damages recoverable by the owners of an animal negligently killed by another includes both the animal's fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal. The Supreme Court reasoned that “[t]he value of [a] dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown.” The Supreme Court also affirmed the Court of Appeals in part and found no error in the court's determination that Georgia precedent does not allow for the recovery of damages based on the sentimental value of personal property to its owner. |
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Barger v. Jimerson |
In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog. Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious." Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages.
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Bard v. Jahnke |
A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull . The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability. The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.
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Barber v. Pennsylvania Dept. Agriculture |
The plaintiffs in this Pennsylvania case are owners and operators of a non-profit animal rescue and kennel that houses housing about 500 dogs doing business in and throughout Fayette County, Pennsylvania. The current dispute stems from a series of inspections of the kennels that occurred throughout the 2007 calendar year. Plaintiffs allege that defendants conspired in violation of 42 U.S.C. § 1985, and that the PSPCA and the Bureau of Dog Law Enforcement (the inspection branch of the Dept. of Agriculture) failed to take reasonable steps to protect them from the conspiratorial activity in violation of 42 U.S .C. § 1986. Plaintiffs also state that the PSPCA and the Bureau violated various of their constitutional rights in contravention of 42 U.S.C. § 1983. The Plaintiffs also seek to hold the Defendants liable for malicious prosecution under 42 U.S .C. § 1983. Finally, other counts allege that Defendant Delenick sexually harassed Plaintiff Rachel Lappe-Biler in violation of 42 U.S.C. § 1983; that plaintiff Pauline Gladys Bryner-Lappe was assaulted and battered in contravention of 42 U.S.C. § 1983 and the Fourth Amendment; and that the defendants intentionally inflicted emotional distress. Defendants filed a motion to dismiss all claims.
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