Results
Title |
Author | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|---|
| Will the Heavens Fall? De-Radicalizing the Precedent-Breaking Decision | Paul Waldau | 7 Animal L. 75 (2001) |
This article offers an extended analogy for the purpose of posing basic questions about proposals for granting legal rights to some nonhuman animals. The analogy is drawn from the precedent-breaking eighteenth century English case Somerset v. Stewart, which liberated an African slave. The article highlights the complex cultural backdrop in each situation, and suggests that the comparison helps one see the nature and possibilities of precedent-breaking decisions that rely on various non-legal resources available to judges who, because of conscience, principle, or policy considerations, choose not to follow established precedent. |
Article | |
| William v. Orange County Animal Control |
This involves a case where owners challenge validity of euthanasia order for "dangerous" dog. "Boo," a bullmastiff (large breed of dog), knocked down a child who had walked into his (the dog's) yard. The child accused dog of biting him. The Orange County Animal Control Department ordered that Boo be euthanized as a "vicious" and "dangerous" animal. The owners filed a Writ of Mandamus to delay the killing of the dog until their challenge could be heard in court. |
Pleading | |||
| Williams v. Galofaro | 79 So.3d 1068 (La.App. 1 Cir. 11/9/11) | 2011-0487 (La.App. 1 Cir. 11/9/11); 2011 WL 5402984 (La.App. 1 Cir.) |
Housekeeper tripped over the family dog, sustaining injuries. She and her husband sued homeowners and their insurer for damages. The Court of Appeal found for defendants, holding that the dog did not pose an unreasonable risk of harm because plaintiffs did not show that the risk of injury resulting from puppy-like behavior multiplied by the gravity of the harm threatened outweighed the utility of keeping the dog as a pet. |
Case | |
| Williams v. Hill | 658 So.2d 381 (Ala.,1995) |
In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars. “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.” |
Case | ||
| Williams v. Lexington County Bd. of Zoning Appeals | 413 S.C. 647, 776 S.E.2d 749 (S.C. Ct. App. 2015) | 2015 WL 5132323 (S.C. Ct., 2015) | Appellant sought review of the circuit court's order upholding the Lexington County Board of Zoning Appeals' unanimous decision that the county zoning ordinance prohibits Appellant from operating a dog grooming business at her home. The appeals court found that the word kennel, as used in the Lexington County Zoning Ordinance for Resident Local 5 (RL5), included dog grooming. Since Appellant’s dwelling was zoned RL5 and the ordinance prohibited kennels in RL5, the appeals court upheld the circuit court’s decision. | Case | |
| Williams v. McMahan | 2002 WL 242538 (Wa. 2002) | 110 Wash.App. 1031 (2002) |
The plaintiff sued for damages as a result of the wrongful spaying of her purebred dog, which she intended to breed. The court found that damages should be measured by the fair market value of the dog. |
Case | |
| Williams v. Neutercorp (Unpublished) | 1995 Tex. App. LEXIS 833 (Tex Ct. App. Apr. 20, 1995). |
Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. § 17.50. The special execption is that the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading. |
Case | ||
| Williams v. Reynolds | 263 S.E.2d 853 (N.C.App., 1980) | 45 N.C.App. 655 (N.C.App., 1980) | This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case. | Case | |
| Williams v. Spinola | 622 P.2d 322 (Or.App., 1981) | 50 Or.App. 87 (1981) |
Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages. |
Case | |
| Willoughby v. Board of Veterinary Examiners | 483 P.2d 498 (N.M. 1971) | 82 N.M. 443 (1971) |
Donald Wayne Willoughby, D.V.M., successfully appealed the suspension of his license for 180 days at the district court level. In an appeal by the Board of Veterinary Examiners, the Supreme Court found the Board's findings of fact are supported by substantial evidence based on an examination of the entire record. The Court stated that the trial judge substituted his own judgment in reversing the decision of the Board, rather than basing his reversal upon any of the grounds set forth in the statute. While the Court affirmed the order of revocation, it held that there no language within the Uniform Licensing Act that gives the Board the power to place the appellee on probation after the period for which his license has been suspended. |
Case |