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Wild Horse Observers Ass'n, Inc. v. New Mexico Livestock Bd. Plaintiff Wild Horse Observers Association, Inc. (Association) appealed the District Court's dismissal for failure to state a claim. The Association claimed that Defendant New Mexico Livestock Board (the Board) had unlawfully treated a group of undomesticated, unowned, free-roaming horses near Placitas, New Mexico as “livestock” and “estray,” rather than as “wild horses” under the Livestock Code. The Appeals Court concluded that “livestock” did not include undomesticated, unowned animals, including undomesticated and unowned horses; therefore, undomesticated, unowned horses could not be “estray.” The court also concluded that the Board had to DNA test and relocate the Placitas horses, and that the Association pleaded sufficient facts in its complaint to withstand a motion to dismiss.
WILCOX v. BUTT'S DRUG STORES, Inc.


In

Wilcox v. Butt’s Drug Stores

, plaintiff came into pharmacy to purchase her usual laxative for her show dogs when pharmacist recommended a different brand that ended up killing one of the dogs. The New Mexico Supreme Court held that although sentimental value was not appropriate when calculating the dog’s value, it found recovery not to be limited to market value. Factors such as breed, special qualities, and purchase price were looked at to determine value.

Wiederhold v. Derench A dog owner had purchased a Newfoundland dog from a breeder and signed a contract that stated she would return the dog to the breeder if she could no longer care for it. After the dog attacked another dog, the owner had the obligation to return the dog to the breeder. A third party, the owner’s friend attempted to help the owner and contacted the breeder to notify her about the owner's intention to return the dog. The breeder was busy on that particular day. She was with another dog delivering another litter of puppies and could not come to pick up the owner's dog. The owner then sold the dog to the defendant, a dog breeder and co-chair of the Newfoundland Club of New England Rescue. The rescue worker had prepared a bill of sale, which the owner signed, and the rescue worker then handed the owner $100 to help with expenses. The trial court held that the transfer to the rescue worker was not a bona fide sale. The rescue worker took possession of the dog in her capacity as a member of the rescue organization and not as a bona fide buyer. The court also found that the original breeder had not given up her contract rights to the dog. The breeder was handling an emergency delivery of puppies with a different dog, which made it reasonable that she could not pick up the owner's dog that day. The defendant rescue worker knew the breeder had not relinquished her contractual ownership right to the dog and so the court held that the plaintiff was the sole owner and entitled to sole possession.
WI - Wildlife - Subchapter XII. Wildlife Damage

Under these Wisconsin statutes, wild animals that are causing damage or a nuisance may be removed. These statutes also establish a wildlife damage abatement program and venison processing and donation program. Wildlife control measures in urban communities and management of double-crested cormorants are also provided.

WI - Veterinary - Chapter 89. Veterinary Examining Board

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

WI - Vehicle - 895.484. Civil liability exemption; entering a vehicle to render assistance

This Wisconsin law enacted in 2015 makes a person immune from civil liability for property damage or injury resulting from his or her forcible entry into a vehicle to rescue an animal or person. Immunity is provided only if certain conditions were met. The person must have a "good faith belief" that the person or domestic animal was in imminent danger of suffering bodily harm and used no more force than necessary to remove the person or animal. That person must have first determined the vehicle was locked and forcible entry was necessary, and that person must have dialed 911 or other emergency services prior to this action. In addition, the person must have waited with the person or animal until emergency services arrived or left information on the vehicle's windshield as described in the law.

WI - Trust - 701.0408 Trust care for an animal

This statute represents Wisconsin's pet trust law.  The former law was not a specific pet trust law, but the new law is. The new provisions allows for a trust to be created for the care of an animal alive during the settlor's lifetime.

WI - Slaughter - 95.80. Humane slaughtering

Under this Wisconsin statute, livestock may only be slaughtered by humane methods, such that they are rendered insensible to pain by a single blow or shot of a mechanical instrument or by electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut. Religious ritual slaughter practices whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument, are also considered to be “humane.”

WI - Research animals - 36.40. Use of animals for research purposes

This Wisconsin law states that the board of higher education for the University of Wisconsin System shall adopt criteria for researchers to follow regarding humane treatment of animals for scientific research purposes.

WI - Rabies - 95.21. Rabies control program

Under this Wisconsin statute, rabies vaccinations are required for dogs, and they must be revaccinated once every year. The owner must attach the rabies vaccination tag to a collar, which must be kept on the dog at all time. The tag must have the serial number of the vaccination certificate, the year the vaccination was given and the name, address and telephone number of the supervising veterinarian. An owner who fails to have a dog vaccinated against rabies may be required to forfeit $50 to $100.

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