Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Elephant, Inc. v. Hartford Acc. & Indem. Co. | 239 So.2d 692 (La.App., 1970) |
A veterinarian agreed to house, transport, and care for an elephant at no charge other than the actual expenses incurred therewith. One evening, the elephant ingested some poison left in its stall by the veterinarian and later died. On appeal of the trial court award to plaintiff, the Court disagreed with defendant’s contention that he, as a gratuitous depositary, could only be held liable for gross negligence, willful misconduct, or fraud. In fact, the civil code in Louisiana, states the burden of a depositary is "that of ordinary care which may be expected of a prudent man." However, an agreement between the parties was found to release Dr. Cane of liability from negligent acts. |
Case | ||
| Elephants and the Ivory Trade | Ann Linder |
Brief Summary of Elephants and the Ivory Trade
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Topical Introduction | ||
| Elephants and Tuberculosis: A Real Threat | Sophie Pierce | Animal Legal & Historical Center | This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern. | Article | |
| Elephants and Tuberculosis: A Real Threat | Sophie Pierce | Animal Legal & Historical Center | This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern. | Article | |
| Elisea v. State | 777 N.E.2d 46 (Ind. App. 2002) |
Defendant was convicted of cruelty to animals and practicing veterinary medicine without a license after cropping several puppies' ears with a pair of office scissors while under no anesthesia. Defendant maintained that the evidence is insufficient to support the conviction for cruelty to an animal because the State failed to present sufficient evidence to rebut and overcome his defense that he engaged in a reasonable and recognized act of handling the puppies. The court held that the evidence supported conviction for cruelty under the definition of "torture." Further the evidence supported conviction for unauthorized practice where defendant engaged in a traditional veterinary surgical procedure and received remuneration for his services. |
Case | ||
| Ellertson v. Dansie | 576 P.2d 867 (Utah, 1978) |
In this Utah case, plaintiff sued the defendants for personal injuries he sustained in attempting to untangle the defendants' horse from a chain that he alleges the defendants negligently tied it to a post in their yard. The Supreme Court held that plaintiff who, at defendant's request, entered upon defendants' land to help free horse which had become entangled in chain because of defendant's alleged negligence in tying the horse to the post, could not recover for his injuries since it was his knowing and voluntary conduct in going into a "plain-to-be-seen" danger. The dissent found that defendants did owe a duty to plaintiff to exercise reasonable care under the circumstances in the manner in which they tied the horse. The dissent found this case more analogous to those under a "rescue doctrine," where recovery is not barred based on the doctrine of assumption of risk or intervening cause. |
Case | ||
| Elliot v. Hurst | 817 S.W.2d 877 (Ark., 1991) | 307 Ark. 134 (1991) |
This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. The appellee in this case had placed an ad stating that he had a certain breed of dogs for sale. When appellant went to see the dogs, she noticed a serious leg infection. After consulting with the local prosecutor’s office and an animal organization, she returned to the owner’s home to take the dog in for treatment. The consulting veterinarian determined that the leg had to be amputated. The court held that the recovery was limited to the market value at the time prior to the amputation. |
Case | |
| ELLIS v. OLIPHANT | 141 N.W. 415 (1913) | 159 Iowa 514 (1913) |
Plaintiff's dog was killed by defendant after defendant set traps out on his farm to catch the dogs that had been injuring his sheep. There was no claim that plaintiff's dog was caught in the act of chasing or worrying sheep. There was testimony at trail that showed plaintiff's dog was a very valuable one, highly trained, and greatly efficient about the farm; some of the witnesses testifying that he was worth at least $200. The trial court instructed the jury that defendant had no right, under the circumstances shown, to trap and shoot the dog, and the case was submitted to the jury for it to find the value of the dog. This reviewing court found no error and affirmed the judgment for the value of the dog, which was above traditional market value. |
Case | |
| Emerging Issues in Municipal Ordinances | Jacqueline M. Logan |
Brief Summary of Emerging Issues in Municipal Ordinances
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Topical Introduction | ||
| Emotional Assistance Animals in Rental Housing: A How-to Guide | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy. |
Article |
