Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| US - Wolf - Endangered and Threatened Wildlife and Plants; Regulations for Nonessential Experimental Populations of the Western | FR Doc. 04-5248 | RIN 1018-AT61 |
We, the U.S. Fish and Wildlife Service (Service) propose regulations for the nonessential experimental populations of the western distinct population segment (DPS) of the gray wolf (Canis lupus). In addition, we propose regulations so that States with wolf management plans approved by the Service can apply for additional authorities to manage wolves consistent with those approved plans. These proposed regulations would only have effect in States that have an approved State management plan for gray wolves. |
Administrative | |
| NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed | N.H. Rev. Stat. § 435:1 - 435:41 | NH ST § 435:1 - 435:41 | This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine. | Statute | |
| Howard v. Chimps, Inc. | 284 P.3d 1181 (Or. App. 2012) | 2012 WL 3195145 (Or. App. 2012); 251 Or.App.636 (2012) |
While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence. |
Case | |
| People v. Preston | 300 N.W. 853 (Mich. 1941) | 299 Mich. 484 (Mich. 1941) |
Defendant was convicted of wilfully and maliciously killing three cows. The issue considered on review was: "Are the circumstances and testimony here, aliunde the confession of the respondent, sufficient to create such a probability that the death of the cattle in question was intentionally caused by human intervention and to justify the admission in evidence of the alleged confession of the respondent?" The court held that the evidence was sufficient to sustain the conviction. |
Case | |
| People v. Richardson | 155 A.D.3d 1595, 66 N.Y.S.3d 757 (N.Y. App. Div. 2017), leave to appeal denied, 30 N.Y.3d 1119 (2018) | 2017 N.Y. Slip Op. 07857, 2017 WL 5183187 | In this New York case, defendant appeals from a three-county felony animal fighting conviction. Defendant's dog fighting activities came to light when police were dispatched to defendant's residence after defendant's wife reported a burglary in progress. Upon entry by consent, police found, in plain view, a wounded dog in a cage, several modified treadmills for use by dogs, blood on a water heater, and apparent dogfighting paraphernalia. After seeking a search warrant, the items were photographed and other evidence (supplements, training sticks, etc.) was collected. On appeal, the court rejected defendant's argument that the trial court erred by refusing to suppress all of the physical evidence as fruit of the poisonous tree. The court noted that the dogfighting paraphernalia were observed in plain view by responding policy officers. Additionally, police officers remaining at the house after the protective sweep to prevent the destruction of evidence while the search warrant was issued did not render the search unlawful. Viewing the evidence in the light most favorable to the prosecution, the court concluded that the evidence was sufficient to establish that defendant intended to engage in dogfighting and that the dogs were deprived of medical treatment. In addition to the paraphernalia and collection of literature on dogfighting, defendant's dogs had extensive scarring and healing consistent with dogfighting and inconsistent with defendant's proffered "cat-scratch" and "broken window" explanations. Defendant's convictions and judgment of sentence were affirmed. | Case | |
| OR - Animal Definitions - Chapter 87. Statutory Liens. Liens Generally. 87.142. Definitions | O. R. S. § 87.142 | This is Oregon's statutory definitions for Animal Statutes. | Statute | ||
| MO - Fish and Game - Chapter 252 (The Wildlife and Forestry Law) | V.A.M.S. 252.002 - 252.333 | MO ST 252.002 - 252.333 |
This chapter establishes the Missouri Department of Conservation, outlines the agency's scope of authority, and includes all of the state's wildlife and endangered species statutes. |
Statute | |
| People v. Hock | 919 N.Y.S.2d 835 (N.Y.City Crim.Ct., 2011) | 2011 WL 1225699 (N.Y.City Crim.Ct.) |
Defendant was denied his motion to set aside convictions under New York animal cruelty statute. The Criminal Court, City of New York, held that the 90 day period for prosecuting a Class A misdemeanor had not been exceeded. It also held that the jury was properly instructed on the criminal statute that made it a misdemeanor to not provide an animal with a sufficient supply of good and wholesome air, food, shelter, or water. It would be contrary to the purpose of the law and not promote justice to require that all four necessities be withheld for a conviction. |
Case | |
| Pagel v. Yates | 471 N.E.2d 946 (Ill.App. 4 Dist.,1984) | 128 Ill.App.3d 897, 84 Ill.Dec. 180 (Ill.App. 4 Dist.,1984) |
Horse owner sued breeder for negligence and conversion after breeder returned the wrong mare. On issue of damages, Appellate Court held that evidence was insufficient to support the jury award because 1) evidence of value of mare’s offspring four years after conversion was irrelevant and prejudicial; 2) trial court's instruction to jury allowed recovery for the horse's unborn offspring as well as fair market value of horse in foal, which permitted a double recovery; and 3) owner could not recover his expenses after he learned of switch and made no effort to resolve the problem because he had duty to avoid further loss. |
Case | |
| IA - Hunting - 481A.125A. Remote control or internet hunting--criminal and civil penalties | I.C.A. § 481A.125A | IA ST § 481A.125A | This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony. | Statute |