Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Young's Bus Lines v. Redmon | 43 S.W.2d 266 (Tex. 1931) |
Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages. |
Case | |
| WRIGHT v. CLARK | 50 Vt. 130 (1877) | 50 Vt. 130, 28 Am.Rep. 496 (1877) |
Defendant shot plaintiff’s hunting dog, and plaintiff sued for trespass. The dog was shot while in pursuit of a fox. Defendant shot at the fox, but accidentally hit the dog. The court held that, because the shooting was a voluntary act, he was liable for exemplary damages for “intentionally or wantonly” shooting the dog. |
Case |
| WILCOX v. BUTT'S DRUG STORES, Inc. | 35 P.2d 978 (N.M. 1934) | 38 N.M. 502, 94 A.L.R. 726 (N.M. 1934) |
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. |
Case |
| United States v. Gideon | United States v. Gideon, 1 Minn. 292 (1856). |
The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog. The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute. The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute. |
Case | |
| Stephens v. State | Stephans v. State, 3 So. 458 (Miss. 1887) (Arnold J. plurality). |
The Mississippi Cruelty to Animal statute was applied to the Defendant who killed several hogs that were eating his crops. The lower court refused to instruct the Jury that they should find him not guilty, if they believed that he killed the hogs while depredating on his crop and to protect it, and not out of a spirit of cruelty to the animals. The Supreme Court of Mississippi found it to be an error by the court to refuse to give such instructions because if the defendant was not actuated by a spirit of cruelty, or a disposition to inflict unnecessary pain and suffering, he was not guilty under the statute. |
Case | |
| State v. Weekly | 65 N.E.2d 856 (1946) | 146 Ohio St. 277 |
The court affirmed a conviction for stealing a dog by holding that it was a "thing of value" despite the traditional common law rule to the contrary and even though it was not taxable property. |
Case |
| State v. Roche | State v. Roche. 37 Mo App 480 (1889) |
The defendants were convicted and sentenced upon an information under section 1609, Revised Statutes of 1879, charging them with unlawfully, wilfully and cruelly overdriving a horse, and thereupon prosecute this appeal. The court held that the evidence that a horse was overdriven does not warrant a conviction under Revised Statutes, 1879, section 1609, in the absence of proof, that the overdriving was wilful and not accidental. Thus, the court reversed the lower court. |
Case | |
| State v. Pierce | State v. Pierce, 7 Ala. 728 (1845) |
The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow. The lower court found the Defendant guilty. The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used. The Court determined the answer to be yes. Thus the Court reversed and remanded the case. |
Case | |
| State v. Neal | State v. Neal, 27 S.E. 81 (N.C. 1897) |
The defendant was convicted under North Carolina's cruelty to animal statute for the killing of his neighbor's chickens. The defendant appealed to the Supreme Court because the trial court refused to give some of his instructions to the jury. The Supreme Court that the lower court was correct and affirmed. |
Case | |
| State v. Mallory | 83 S.W. 955 (Ark. 1904) | 67 L.R.A. 773, 73 Ark. 236, 3 Am.Ann.Cas. 852 |
Defendant was charged with a violation of Arkansas law when he hunted squirrels and took fish from a pond on his own land. The trial court found defendant not guilty. On appeal, the court held that the acquittal was justified. The court rejected the state's argument that it had a proprietary right to all of the wild life in the state. The court found that a property owner had a special property right to take fish and hunt wild game upon his own land, which inured to him by reason of his ownership of the soil. However, the court noted that such a right must yield to the state's ownership and title of the fish and game in the state, which it held for the purposes of regulation and preservation for the public use. The court found that those two rights did not conflict. Therefore, the court held that defendant should have had the same right to hunt and fish on his own land that resident owners of property in the state had to hunt and fish on their own lands. Since the Act differentiated between residents and nonresidents, the court held it was violative of the Equal Protection Clause of the Fourteenth Amendment. |
Case |