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Title Citation Alternate Citation Agency Citation Summary Type
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.)
Case
R (on the application of Countryside Alliance and others) v Attorney General and another [2007] UKHL 52 An appeal was brought against a decision that the Hunting Act 2004 was not inconsistent with the EC Treaty, or incompatible with the European Convention on Human Rights. In particular, the appellants argued that the Act was incompatible with the right to a private and family life; and the right of freedom of assembly and association (Articles 8 and 11 of the Human Rights Act); along with Articles 1 and 14 of the Act (the right to peaceful enjoyment of property rights, and prohibition on discrimination). The appeal was rejected by the House of Lords. Findings included that Articles 8 and 11 were not engaged, and that even if they were, the hunting ban was proportionate to the end it sought to achieve and necessary in a democratic society. Case
Kennedy v. Byas 867 So.2d 1195 (D. Fla. 2004) 29 Fla. L. Weekly D564, 2004 WL 393239 (D. Fla.)

Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court.  He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant.  The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount.   Petition denied..

Case
IN - Rehabilitation, wildlife - 312 IAC 9-10-9 Wild animal rehabilitation permit 312 IAC 9-10-9 312 IN ADC 9-10-9, 9.5 This Indiana regulation sets for the requirements to obtain a permit to possess wild animals for rehabilitation. Administrative
RI - Livestock, damage done by - Chapter 14. Damage by Animals Gen. Laws, 1956, § 4-14-1 to 20 RI ST § 4-14-1 to 20 This chapter deals with responsibilities and liability for livestock at large. No horse, bull, boar, ram, or goat shall be permitted to run at large and if the owner or keeper of these, for any reason suffers any animals to do so he or she shall upon conviction be fined not in excess of one hundred dollars ($100) and be liable in addition for all damages done by the animal while so at large. The chapter also specifies procedures for impounding animals found at large. Statute
US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions. 42 U.S.C.A. 3601 - 3604 The following sections of the Fair Housing Act relate to "reasonable accommodations" for persons with a handicap or disability. In Section 3602, the definition of "handicap" includes a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Section 3604 is the operative part of the law that makes it unlawful to discriminate because of a handicap in the sale or rental of a dwelling. Under subsection (3)(B), the law states that discrimination includes the refusal to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling." Statute
AR - Pet Sales - Chapter 97. Retail Pet Stores. A.C.A. §§ 4-97-101 to 109 AR ST §§ 4-97-101 to 109 This statutory section comprises the Arkansas Retail Pet Store Consumer Protection Act of 1991. The purpose of the act is to ensure that purchasers receive consumer animals that are physically and temperamentally sound, healthy, and fit as companions. The Act also provides a means by which the acquisition and care of those animals can be monitored. Statute
WA - Enumclaw - Breed - Chapter 7.08
 PIT BULL DOGS ENUMCLAW, WA., MUNICIPAL CODE §§ 7.08.010 - 7.08.030 (1990)

In Enumclaw, Washington, it is unlawful to keep, harbor, own or possess a pit bull dog, with exceptions for dogs licensed before the effective date of the ordinance. Such dogs are subject to certain requirements, such as proper confinement, the use of a leash and muzzle, posting “Beware of Dog” signs, the use of special orange collars, photographs and tattoos for identification purposes, keeping $100,000 liability insurance, and vaccinating the dog against rabies. Failure to  comply may result in the humane destruction of the dog.

Local Ordinance
People for Ethical Treatment of Animals v. Bobby Berosini, Ltd. 895 P.2d 1269 (Nev.,1995) 111 Nev. 615, 23 Media L. Rep. 1961 (Nev.,1995)

In this Nevada case, respondent Berosini claimed that two animal rights organizations, PETA and Performing Animal Welfare Society (PAWS), and three individuals defamed him and invaded his privacy. The trial court entered judgment on jury verdicts on the libel and invasion of privacy claims in the aggregate amount of $4.2 million. On appeal, this Court concluded that the evidence was insufficient to support the jury's verdict and reversed the judgment. The court found that the videotapes of Berosini beating his animal performers before the show was not libelous because they were not false or defamatory. The videotape was not “false” because it was an accurate portrayal of the manner in which Berosini disciplined his animals backstage before performances and it was not not defamatory because Berosini took the position that the shaking, punching, and beating that appear on the tape were necessary, appropriate and “justified” for the training, discipline, and control of show animals. With regard to his invasion of privacy claims, the videotaping did not invade the scope of Berosini's expectation of privacy because his asserted expectation was "freedom from distracting intrusion and interference with his animals and his pre-act disciplinary procedures." Thus, the filming did not intrude upon Berosini's expected seclusion.

Case
IN RE: RONNIE FAIRCLOTH AND JR's AUTO & PARTS, INC. 52 Agric. Dec. 171 (1993) 1993 WL 151164 (U.S.D.A.) Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce. Case

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