United States

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Titlesort ascending Summary
Brown v. Faircloth


In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.

Brown v. Crocker


This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."

Brower v. Evans


The district court held that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. We affirm.

Brower v. Daley


Based on the Secretary of Commerce’s decision to weaken the dolphin-safe standard, David Brower, Earth Island Institute, The Humane Society of the United States, and other individuals and organizations challenged the finding as arbitrary, capricious, an abuse of discretion, and contrary to law.  The District Court for the Northern District of California found that the Secretary’s Initial Finding was not in accordance with the law and was an abuse of discretion because the Secretary failed to properly consider these studies.

Brousseau v. Rosenthal


This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog.  While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole.  While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.

Brooks v. Jenkins County deputies went to a home with a warrant to arrest a couple's son. While many facts in this case were in dispute, the undisputed result was that a deputy shot the family's chocolate Labrador retriever. While the couple left the house to take the dog to the vet, the deputies entered the house—contrary to the couple's express instructions— and arrested the son. The couple filed a complaint in the Circuit Court seeking damages, on a number of theories, for the wounding of the dog and the officers' alleged unlawful entry into their home. After a trial, the couple prevailed against the deputies and the jury awarded damages totaling $620,000 (reduced, after remittitur, to $607,500). The deputies appeal. The Maryland Court of Special Appeals held the issue of whether deputy acted with gross negligence in shooting dog was for the jury; CJ § 11–110 did not limit the couple's total recovery for the constitutional tort to the capped value of their pet's vet bills; the $200,000 jury award in non-economic damages to the couple on their constitutional tort claim was not excessive in light of the evidence; the deputies were entitled to immunity from the constitutional trespass claim; and the couple could not recover emotional damages on the common law trespass claim. The lower court's decision was therefore affirmed in part, reversed in part, and remanded.
Brooks ex rel. Brooks v. Parshall


In this New York case, a then seven-year-old boy was attending a gathering at the home of the owners of a German Shepard dog. According to the plaintiff, the dog growled at him when he arrived and allegedly growled at another man at the party sometime later.

  Defendant denied hearing the growl and t

estimony showed that the boy continued to play with the dog throughout the party and into the next morning.

 

When the boy was leaving in the morning, he attempted to “hug” the dog from behind when the dog turned and bit the boy in the face.

 

In upholding defendant's motion for summary judgment, the court found that even if the dog had initially growled at the boy, that was not enough to establish that the dog had vicious propensities or that the owners had knowledge of the dog's vicious propensities.

 

Brookover v. Roberts Enterprises, Inc.


Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence.

Bronk v. Ineichen


Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions. 

Broden v. Marin Humane Society Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store.  On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure.

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