Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Stephanski v. Wimpy | Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages. | Pleading | ||
| R. v. Senior | [1899] 1 QB 283 |
Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" ( per Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)). |
Case | |
| People v. Schneider | 2004 WL 2191322 (Ca. App. 3 Dist.) | 2004 WL 2191322 (Ca. App. 3 Dist.) |
Defendant's dogs escaped from Defendant's yard and attacked and killed a six-year-old boy. The trial court convicted Defendant of owning a mischievous animal that causes death and involuntary manslaughter. The Court of Appeals reversed and remanded the trial court's conviction for owning a mischievous animal that causes death due to erroneous jury instructions. |
Case |
| State v. Agee | --- N.E.3d ---- , 2019 WL 3504010 (Ohio App., 2019) | 2019-Ohio-3107 | The Humane Society brought this action in response to a complaint regarding a dog tangled in a tether. Three German Shepherds were discovered that belonged to the Defendant, Shawn Agee, Jr. The dogs were suffering from maltreatment. All three had been restrained without access to water or food and one of the dog’s tethers was wrapped so tightly that its leg had started to swell. Two of the dogs were suffering from fly strike. The State charged the Defendant with 12 criminal misdemeanors relating to the treatment of the three animals. The trial court acquitted the Defendant of 10 of those counts because of his unrebutted testimony that he had been out of town for the weekend and had left the dogs in the care of his mother. The Defendant was found guilty to two second-degree misdemeanors relating to the two dogs suffering from fly strike because those particular injuries were long time, very painful injuries that were not being treated and the Defendant was the dogs’ “confiner, custodian, or caretaker.” The Defendant was sentenced to community control, a fine of $100, a suspended jail sentence of 180 days, the surrender of the two dogs with fly strike, and the proviso that the remaining dog be provided with regular vet appointments and various other conditions. This appeal followed. The Defendant asserted that the Court erred by finding that he had in fact violated the statute that he was found guilty of and that his convictions were not supported by legally sufficient evidence. The Defendant argued that he did not qualify as the type or class of persons subject to criminal liability merely as an owner. The Court noted that the trial court did not impose liability due to his status as the dogs’ owner, but rather due to this having served as the two dogs’ confiner, custodian, or caretaker when they developed fly strike and should have been but were not properly treated. As for the second assignment of error, the Court found that there was sufficient evidence to find that the Defendant had violated the statute. The Defendant had admitted that he knew that the two dogs had fly strike “two or three weeks before he left town for the weekend.” The dogs were not treated before he left town. The Court ultimately affirmed both convictions. | Case |
| VT - Education - § 912. Student's right of refusal; animal dissection | 16 V.S.A. § 912 | This Vermont law gives a student in a public elementary or secondary school (or approved independent school) a right to be excused from lessons requiring a student to dissect, vivisect, or otherwise destroy an animal, or observe any of these activities. Each school district must establish procedures for a student to exercise this right and alternatives methods of learning the material covered. School districts must also adopt a statement that no student shall be discriminated against based on his or her decision to exercise the right to be excused afforded by this section. | Statute | |
| U.S. v. Brigham Oil and Gas, L.P. | 840 F. Supp. 2d 1202, 1203 (D.N.D. 2012), appeal dismissed (Apr. 18, 2012) | The Government charged Brigham Oil & Gas, L.P.with “taking” (killing) two migratory birds found dead near one of its reserve pits. But, the Court found that the use of reserve pits in commercial oil development is legal, commercially-useful activity that stands outside the reach of the federal Migratory Bird Treaty Act. Therefore, the Court held that the oil and gas companies' use of reserve pits did not violate Migratory Bird Treaty Act's prohibition against taking of protected birds, since death or injury was not intentional, and grated the defendant's motion to dismiss. | Case | |
| VA - Breeder - § 3.2-6500. Definitions (definitions for commercial breeder) | Va. Code Ann. § 3.2-6500 | VA ST § 3.2-6500 | Provides most recent definitions for terms used throughout the rest of the statute, including but not limited to private and public animal shelters, commercial breeder, shelter, pet shop, and kennel. | Statute |
| KY - Louisville/Jefferson County - Title IX: General Regulations (Chapter 91: Animals) | Louisville/Jefferson County Metro Government Code of Ordinances § 91.098 MUTILATION OF ANIMALS |
In Louisville-Jefferson County, Kentucky, no person shall crop a dog’s ears or tail, except a veterinarian. Additionally, no person shall mutilate any animal whether dead or alive; however, this provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses. Penalties are also included for violating these provisions. |
Local Ordinance | |
| Rosche v. Wayne Feed Div. Continental Grain Co. | 447 N.W.2d 94 (1989) | 152 Wis.2d 78 (1989) |
Pig breeder sought damages from feed manufacturer after pigs got sick, died, or became sterile after eating feed. The Court of Appeals held that jury should have been instructed that basic measure of damages for dead and injured livestock was based on market value of affected animals and did not include separate award for unborn litters. Failure to give proper instruction was prejudicial error that required a new trial on the issue of damages. |
Case |
| Saenz v. DOI (vacated by U.S. v. Hardman, 260 F.3d 1199 (10th Cir. 2001)) | (no West citation. Docket No. 00-2166) |
(This case was vacated by United States v. Hardman, 260 F.3d 1199(10th Cir. 2001). Appellant was descended from the Chiricahua tribe of Apache Indians, and, although originally recognized as a tribe, it is not presently recognized. The court affirmed the vacating of defendant's conviction for possessing eagle parts, holding that the present test under RFRA with regard to whether a tribe has been formally recognized bears no relationship whatsoever to whether one sincerely practices Indian religions and is substantially burdened when prohibited from possessing eagle parts. For discussion of Eagle Act, see Detailed Discussion . |
Case |