Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Williams v. Spinola | 622 P.2d 322 (Or.App., 1981) | 50 Or.App. 87 (1981) |
Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages. |
Case |
| A night monkey in a soiled cage looking out from plastic hideout | Slideshow Images | |||
| State v. Silver | 391 P.3d 962 (2017) | 283 Or.App. 847 (2017) |
In this case, the defendant was found guilty on multiple counts of animal abuse after failing to provide minimally adequate care for his herd of alpacas. The defendant was charged with a felony count (Count 1) and a misdemeanor count (Count 6) of first-degree animal abuse. On appeal, the defendant argued that the trial court erred by not merging the multiple guilty verdicts into a single conviction. The state agreed that the trial court did err in its decision not to merge the verdicts; however, the state argued that the mistake should not require resentencing. The defendant argued that the court should follow its previous decisions and order a remand for resentencing. Ultimately, the court remanded the case for resentencing under ORS 138.222(5)(b). The state argued that language of ORS 138.222(5)(b) should be interpreted not to include merger errors. The court disagreed with this argument and relied on its decision in previous cases that interpreted the language of the statute more broadly. Additionally, the court held that if the state’s disapproval of the ORS 138.222(5)(b) is something that should be dealt with by the legislature and not the court. |
Case |
| NY - Hunting, Internet - 11-1906 On-line shoots prohibited. | McKinney's E. C. L. § 11-1906, McKinney's E. C. L. § 71-0923 | N.Y. Envtl. Conserv. Law §§ 11-1906, 71-0923 | This statute prohibits online shooting in the state of New York. Violation of the statute is punishable by a fine of not more than 2,500 dollars. | Statute |
| NY - Dangerous Dog - Chapter 69. Of the Consolidated Laws. | McKinney's Agriculture and Markets Law § 123, 123-a | NY AGRI & MKTS § 123, 123-a | This New York statute provides that statutory penalties for dog bites and the process for declaring a dog "dangerous." Any person who witnesses an attack or threatened attack, or in the case of a minor, an adult acting on behalf of such minor, may make a complaint of an attack or threatened attack upon a person, companion animal, farm animal, or a domestic animal to a dog control officer or police officer of the appropriate municipality. Such officer shall immediately inform the complainant of his or her right to commence a proceeding as provided in subdivision two of this section and, if there is reason to believe the dog is a dangerous dog, the officer shall forthwith commence such proceeding himself or herself. Upon a finding that a dog is dangerous, the judge or justice may order humane euthanasia or permanent confinement of the dog if one listed aggravating circumstances is established at the judicial hearing. | Statute |
| Sebek v. City of Seattle | 290 P.3d 159 (Wash.App. Div. 1,2012) | 2012 WL 6098265 (Wash.App. Div. 1,2012); 172 Wash.App. 273 |
Two Seattle taxpayers filed a taxpayer action lawsuit against the city of Seattle for violating Washington’s animal cruelty statute and Seattle’s animal cruelty ordinance with regard to a zoo’s elephant exhibit. After the lawsuit was dismissed by the King County Superior Court for lack of taxpayer standing, plaintiffs appealed the court’s decision. The appeals court affirmed the lower court’s decision because the plaintiffs’ complaint alleged the zoological society, not the city, acted illegally and because the operating agreement between the city and the zoological society made it clear that the zoological society, not the city, had exclusive control over the operations of the elephant exhibit. Significantly, the appeals court found that a city’s contractual funding obligations to a zoological society that cares and owns an animal exhibit at a zoo is not enough to allege a city violated animal cruelty laws. |
Case |
| People v. Lohnes | 112 A.D.3d 1148, 976 N.Y.S.2d 719 (N.Y. App. Div., 2013) | 2013 N.Y. Slip Op. 08471, 2013 WL 6670466 (N.Y. App. Div., 2013) |
After breaking into a barn and stabbing a horse to death, the defendant plead guilty to charges of aggravated cruelty to animals; burglary in the third degree; criminal mischief in the second degree; and overdriving, torturing and injuring animals. On appeal, the court found a horse could be considered a companion animal within New York's aggravated cruelty statute if the horse was not a farm animal raised for commercial or subsistence purposes and the horse was normally maintained in or near the household of the owner or the person who cared for it. The appeals court also vacated and remitted the sentence imposed on the aggravated cruelty charge because the defendant was entitled to know that the prison term was not the only consequence of entering a plea. |
Case |
| Excerpt Federal Criminal Code of Mexico | Código Penal Federal de Mexico | This excerpt contains the provisions of the Federal Code of Mexico within "Crimes Against the Environment and Environmental Management." It contains a dedicated chapter to biodiversity, where it gives special protection to wildlife. It does not mention protection of domestic animals. However, it contains provisions prohibiting dog fighting (Article 419 Bis). According to Article 1, this code applies to federal crimes committed within the country. | Statute | |
| NC - Lien - Chapter 90. Medicine and Allied Occupations. | N.C.G.S.A. § 90-187.7 | NC ST § 90-187.7 | This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper. The giving of proper notice relieves such custodian of liability resulting from the disposal. | Statute |
| Daughen v. Fox | 539 A.2d 858 (Pa. Super. 1988) |
Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays. The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test. With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal. |
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