Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Dyess v. Caraway | 190 So.2d (666 La.App., 1966) |
Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment. |
Case | ||
| OH - Dog - Chapter 955. Dogs (Consolidated dog laws) | RC §§ 955.01 - 99; § 9.62; § 1533.19 - 221 | This is the Ohio statute that regulates dogs in general, outlining rules and regulations for dog owners. The state leash requirement appears limited to rabies quarantines (Sec. 955.26). It also gives the definition of what is considered a dangerous or vicious dog, the rules and regulations for owners of these dogs, and penalization for breaking these rules. | Statute | ||
| Volosen v. State | 192 S.W.3d 597(Tex.App.-Fort Worth, 2006) | 2006 WL 349713 (Tx. 2006) |
In this Texas case, the trial court found Appellant Mircea Volosen guilty of animal cruelty for killing a neighbor's dog. The sole issue on appeal is whether the State met its burden of presenting legally sufficient evidence that Volosen was "without legal authority" to kill the dog. By statute, a dog that "is attacking, is about to attack, or has recently attacked ... fowls may be killed by ... any person witnessing the attack." The court found that no rational trier of fact could have determined beyond a reasonable doubt that the dog was not attacking or had not recently attacked chickens in a pen in Volosen's yard; thus, the evidence is legally insufficient to establish that Volosen killed the dog "without legal authority" as required to sustain a conviction for animal cruelty. Judgment Reversed by Volosen v. State , 227 S.W.3d 77 (Tex.Crim.App., 2007). |
Case | |
| IA - Breeders - Chapter 67 Animal Welfare | Iowa Admin. Code 21-67.1(162) - 17 | IA ADC 21-67.1 to 17 | The following Iowa regulations provide provisions that pet stores, kennels, pounds, and other animal housing facilities must follow in order to handle, transport, and care for animals. These regulations provide specific instructions for dog day cares and for breeding greyhound dogs. | Administrative | |
| CO - Rehabilitation, wildlife - Chapter 14. Wildlife Rehabilitation. | 2 CO ADC 406-14 | 2 CCR 406-14:1400 to 1407 | This set of Colorado rules concerns wildlife rehabilitation licensing. Requirements for wildlife holding enclosures are outlined. The care, treatment, and disposition of wildlife requirements are detailed as well as provisions for releasing wildlife. | Administrative | |
| Argentina - Health - Ley Nº 23.899, 1990 | Ley Nº 23.899 | Ley 23.899, 1990 creates the National Service of Animal Health, and establishes its purposes, responsibilities and organization. According to this law, The National Service of Animal Health executes governmental policy on animal health. The main purpose of NSAH is to prevent, control and eradicate animal diseases and animal diseases transmissible to humans, to exercise hygienic-sanitary control of all products of animal origin, taking into account the advances in health technology and the most modern procedures for its control and the control of the products destined to the diagnosis, prevention and treatment of animal diseases. This entity is formed by an executive structure; a board of directors and provincial or regional commissions. The National Service of Animal is an entity of public private law with National scope, that maintains its relations with the national government through the Undersecretariat of Agriculture, Livestock and Fishing of the Nation. | Statute | ||
| SD - Trust - 55-1-21. Trust for care of designated animal. | S D C L § 55-1-21 | SD ST § 55-1-21 | South Dakota's pet trust law was enacted in 2006. Amendments to the law in 2018 provide that trusts for the care of a designated animal or animals are valid. | Statute | |
| Oshannessy v Heagney | [1997] NSWSC 482 |
The case focuses primarily on the procedural requirements for stating a case. However, there is also discussion concerning what are the appropriate steps that a motor vehicle driver, who has hit and injured an animal with their vehicle, must take. In this case, the trial judge found that a refusal to stop and inspect the animal did not constitute a failure to take reasonable steps to alleviate that animal's pain. |
Case | ||
| NH - Veterinary - Chapter 332-B. New Hampshire Veterinary Practice Act. | N.H. Rev. Stat. § 332-B:1 - 332-B:20 | NH ST § 332-B:1 - 332-B:20 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| David v. Lose | 218 N.E.2d 442 (Ohio 1966) | 7 Ohio St.2d 97, 36 O.O.2d 81 (Ohio 1966) |
Syllabus by the Court
1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment.
2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.)
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