Results

Plaintiff Heather Hyland brought this action for damages after defendants' dog, an American bulldog, trespassed onto plaintiff's property and attacked her ten year old shih tzu, causing serious injuries to the dog.  Defendants appeal the award of "repair costs" ($2,500) in excess of the dog's market value or "replacement cost" ($500).  In upholding the award, the court distinguished companion animals from other personal property, finding that market value fails to take into account the owner's relationship to the animal. 

In this Oklahoma case, defendant gas company left the plaintiff's yard gate open through which the plaintiff's dog escaped and was then hit by a car. In finding that the gate being left open was the proximate cause of the injury, the court held that the allegations in plaintiffs' amended petition, stated a cause of action and that the trial court erred in sustaining defendant's general demurrer to the petition.

Court considered defendant's claim based on newly enacted RFRA.  Court finds defendant's asserted need to kill 12 eagles a year would decimate eagle population in Oregon.  While not perfect, court finds the eagle permit system the least restrictive means to achieve the compelling need of protecting eagles.  For further discussion on religious challenges to the BGEPA by Native Americans, see Detailed Discussion of Eagle Act.

Defendant argued that there was not sufficient evidence to sustain his conviction of cruelty to animals.  Specifically, he pointed out that there was no direct testimony with regard to the cause of the injuries to his cows.  The court disagreed and held that inattention to the condition of the animals was sufficient to constitute the offense of cruelty to animals.