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Titlesort ascending Citation Alternate Citation Summary Type
WV - Dangerous - § 20-2-16. Dogs chasing deer W. Va. Code, § 20-2-16 WV ST § 20-2-16

This West Virginia statute mandates that no person shall permit his dog to hunt or chase deer.  A conservation officer shall take into possession any dog known to have hunted or chased deer and the director shall advertise that such dog is in his possession, giving a description of the dog and stating the circumstances under which it was taken.  The owner then has ten days to reclaim the dog.  If after a bona fide but unsuccessful effort to capture dogs detected chasing or pursuing deer, an officer may kill the offending dogs.

Statute
WV - Dangerous - § 19-20-21. License fee for keeping vicious or dangerous dog. W. Va. Code, § 19-20-9a; § 19-20-20 - 21 WV ST § 19-20-9a; § 19-20-20 to 21 These West Virginia statutes provide that any person who owns or harbors any dog, cat or other domesticated animal, whether licensed or unlicensed, which bites any person, shall confine and quarantine the animal for a period of ten days for rabies observation. The state apparently has a prohibition against owning a dangerous dog, such that no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle.  However, another section provides that any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor and then keep the dog restrained/enclosed. Statute
WV - Cruelty, reporting - § 9-6-9a. Mandatory reporting suspected of animal cruelty by adult protective service workers W. Va. Code, § 9-6-9a, W. Va. Code, § 48-27-702, W. Va. Code, § 49-2-806 WV ST § 9-6-9a, WV ST § 48-27-702, WV ST § 49-2-806

These West Virginia statutes require that an adult protective services worker, a child protective services worker, or a law enforcement officer who responds to an alleged domestic violence incident, who form a reasonable suspicion that an animal is the victim of cruelty, shall report their suspicion to the county humane society within twenty-four hours.

Statute
WV - Cruelty - Consolidated Cruelty Statutes W. Va. Code, § 7-10-1 to 5; W. Va. Code, § 61-8-19 to 23; W. Va. Code, § 19-33-1 - 5 WV ST § 7-10-1 to 5; WV ST § 61-8-19 to 23; WV ST § 19-33-1 - 5

These West Virginia statutes comprise the state's anti-cruelty and animal fighting provisions.  If any person cruelly mistreats, abandons or withholds proper sustenance, including food, water, shelter or medical treatment, necessary to sustain normal health and fitness or to end suffering or abandons any animal to die, or uses, trains or possesses any domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal, he or she is guilty of a misdemeanor.  If any person intentionally tortures or maliciously kills an animal, or causes, procures or authorizes any other person to torture or maliciously kill an animal, he or she is guilty of a felony.  The provisions of this section do not apply to lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management.  The section also prohibits animal fighting, making it a felony if the animal is a dog or other fur-bearing animal ("canine, feline, porcine, bovine, or equine species whether wild or domesticated"), and a misdemeanor if not (i.e., cockfighting).

Statute
WV - Charleston - Chapter 10: Animals (Article IV. Urban Deer Management) Code of the City of Charleston, West Virginia § 10-171

This Charleston, West Virginia ordinance allows a person to hunt deer within city limits, but only upon certain conditions. For instance, a person must obtain a permit from the city, must hunt only with a bow and arrow, and must hunt only on certain tracts of land—amongst other things—in order to be compliant with these provisions. A violation of this ordinance is a misdemeanor and may result in fines ranging from $10 to $500, imprisonment for up to 30 days, or both. Additionally, a violation may suspend or revoke a person's hunting permit.

Local Ordinance
WV - Assistance Animal - Assistance Animal/Guide Dog Laws W. Va. Code, § 5-15-1 to 9; § 19-20-2; § 5-11A-3, 5-11A-5 WV ST § 5-15-1 to 9; WV ST § 19-20-2; WV ST § 5-11A-3, 5-11A-5

The following statutes comprise the state's relevant assistance animal and guide dog laws.

Statute
Wrinkle v. Norman 242 P.3d 1216 (Kan. App., 2010) 2010 WL 4539371 (Kan.App.,2010), 44 Kan.App.2d 950 (2010)

Wrinkle filed a negligence action against his neighbors (the Normans) after he sustained injuries on thier property. The injuries stemmed from an incident where Wrinkle was trying to herd cattle he thought belonged to the Normans back into a pen on the Normans' property. The lower court granted the Normans' motion for summary judgment. On appeal, this court found that the question comes down to Wrinkle's status (invitee, licensee, or trespasser) to determine the duty owed by the Normans. This Court found that the district court properly determined that Wrinkle was a trespasser. Finally, the court addressed the K.S.A. 47-123 claim as to whether the Normans are liable for their cattle running at large. The court found that Wrinkle could not meet the burden under the statute.

Case
Wright v. Schum 781 P.2d 1142 (Nev.,1989) 105 Nev. 611 89 A.L.R.4th 359 (Nev.,1989)

In this Nevada case, an eleven-year-old boy who was a passerby was bitten by a dog. The jury found the owner liable, but trial court judge dismissed the landlord as a defendant. The Supreme Court found the landlord in this case could be liable under general tort obligations because he voluntarily undertook a duty to secure the neighborhood from harm by the dog after he made the tenant promise not to allow the dog outside unless chained. Thus, material questions of fact remained that precluded summary judgment as to whether the landlord breached his duty of care to the public where he allowed the tenant to remain with the dog and then failed to repair the gate that allowed the dog to escape and injure the plaintiff when it was left unchained.

Case
Wright v. Fish and Game Commission (unpublished) 2003 Cal. App. Unpub. LEXIS 8091 2003 WL 22007258 (Cal.App. 4 Dist.)

The California Court of Appeal upheld the state's Fish and Game Commission’s ferret ban against an equal protection challenge from a ferret owner. The owner argued that the ban discriminated between ferret owners and owners of other companion animals. However, the court found a rational relation between the ban and concerns about wildlife and human health (from attacks and from rabies).

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

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