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Title Citation Alternate Citation Agency Citation Summary Type
Newport v. Moran 721 P.2d 465 (Or.App.,1986) 80 Or.App. 71 (Or.App.,1986)

In this Oregon case, an action was brought to recover damages for injuries after defendant's dog ran into plaintiff and knocked her down. The lower court entered a verdict against the defendant and she appealed. The Court of Appeals held that, after reviewing the evidence in the light most favorable to plaintiff, there was find no evidence that would put defendant on notice that the dog had a potentially dangerous propensity to run into people. Further, without some reason to foresee that the dog was likely to run into people, there was no common-law duty to confine the dog. The evidence also did not warrant submission of the case to the jury on the theory of negligence per se for violation of the dog control ordinance because this risk was not one anticipated by the ordinance. Reversed.

Case
WI - Racing - Chapter 562. Regulation of Racing and on-Track Pari-Mutuel Wagering W. S. A. 562.001 - 13 WI ST 562.001 - 13 Wisconsin's department of administration is responsible for issuing licenses for occupations of participants in horse racing and dog racing. In order to own and operate a racetrack where pari-mutuel wagering is conducted a license must be obtained. Before a license is obtained, a public hearing must be held and the city in which the racetrack is to operate must adopt the resolution. The Department is required to appoint an administrator that has experience in gaming management and knowledge of animal racing and pari-mutuel wagering. Greyhounds are required to be registered with the National Greyhound Association of Abilene, Kansas in order to enter into a race. This statute also prohibits the use of live lure or bait in the training of race dogs. A dog may not be entered into a race if it was trained with live bait. Statute
Decision AHC4806-2017 Decision AHC4806-2017 (Original case in Spanish below; English translation attached as pdf). The Supreme Court of Justice rules in favor of the spectacled bear, ‘Chucho’, granting him the habeas corpus after the bear’s attorney challenged the lower court decision that denied it. Chucho is a 22 year old spectacled bear that was born and raised in semi-captivity. He lived for 18 years in a natural reserve in the city of Manizales with his sister. After his sister died, Chucho became depressed and started escaping. The environmental authorities thought that it would be in the best interest of the bear to relocate him, for which they decided to move him to a zoo in the northern of Colombia. Unfortunately, the living conditions of Chucho were diminished, as he went from living in semi-captivity to living into a smaller area. Attorney Luis Domingo Maldonado filed an habeas corpus in representation of the bear that was denied on first instance by the civil chamber of the Superior Tribunal of Manizales. Attorney Luis Domingo Maldonado argued that the current legal system did not have a specific proper mechanism that allowed the taking of immediate and urgent measures to protect the rights of animals as sentient beings to retire them for centers of captivity when they have spent their lives in natural reserves. He also used as examples the precedents from Brazil and Argentina where a chimpanzee and an orangutan were granted habeas corpus. Attorney Maldonado sought that the court order the immediate and permanent relocation of Chucho to the natural reserve ‘La Planada’, located in the Department of Narino. The Civil Chamber reversed the decision on first instance, and ordered the relocation of Chucho from the zoo in Barranquilla to a more appropriate location of semi-captivity conditions. In its reasoning, the magistrate judge stated that animals are entitled to rights as sentient beings, not as humans, and that the idea is to insert a morality of respect to counter a global ecological public order where the tendency of men is to destroy the habitat. After long considerations, the chamber stated that it is necessary to modify the concept of ‘subject of rights’ in relation with nature, understanding that who is subject of rights is not necessarily correlatively-bound to have duties. “The legal, ethical and political purpose is the unavoidable need to create a strong conscience to protect the vital environment for the survival of men, conservation of the environment and as a frontal fight against the irrationality in the man-nature relationship.” Case
VA - Horse Transport - Chapter 160. Rules and Regulations Governing the Transportation of Horses (repealed 2016) 2 VA ADC 5-160-10 to 90 2 VAC 5-160-10 to 90 [Note: these regulations were repealed in 2016 and are provided for historical context only.] These previous Virginia regulations address the transportation of loads of more than six horses being transported to a commercial slaughter facility in a vehicle. Vehicles that have more than one tier holding horses are allowed only if the tier is designed, constructed, and maintained to withstand the weight of the horses held by it. Administrative
NY - Enforcement, Conservation - Article 71. Enforcement. McKinney's ECL § 71-0101 to 71-0927 NY ENVIR CONSER § 71-0101 to 71-0927 This set of statutes outlines the procedures and penalties for violations of New York's Environmental Conservation Law. Statute
MI - Trapping - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42501 - 42507 MI ST 324.42501 - 42507 These sections describe the regulations for trapping for furs, hides and pelts. This includes the requirement for a fur dealer's license and for a monthly report of all pelts on hand. Statute
DILLON v. O'CONNOR 412 P.2d 126 (Wash. 1966) 68 Wash.2d 184 (1966)

As the court stated, "This is ‘The Case of the Costly Canine.' ‘Bimbo,’ an acknowledged ‘tree hound' but without pedigree or registration papers, lost a bout with defendant's automobile. For ‘Bimbo's' untimely demise, his owner, plaintiff, brought suit against defendant alleging that ‘Bimbo’ was killed as a result of defendant's negligent operation of his automobile." Ultimately, the court used a market value approach in determining damages.  However, based on subsequent caselaw, it should be noted that Washington uses the market value approach only for negligent injury, and not intentional injury.

Case
People v Arcidicono 360 N.Y.S.2d 156 (1974) 79 Misc.2d 242 (1974)

The defendant was properly convicted of cruelty when a horse in his custody and care had to be destroyed due to malnutrition. The defendant was in charge of feeding the gelding, and was aware of his loss of weight. He knew the diet was inadequate but failed to provide more food. The defendant was guilty of violating Agriculture and Markets Law § 353 for failing to provide proper sustenance to the horse. 

Case
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US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual 2005 WL 1667262 (F.R.)

This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.

Administrative

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