Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Raymond v. Bujold | 199 A. 91 (N.H.,1938) |
A finder of a lost dog did not become the "keeper" of the dog when he tied it up and summoned the owner to retrieve it. The finder was therefore entitled to sue the owner for damage caused by the dog. |
Case | |
| Gill v. Prehistoric Ponds, Inc. | 634 S.E.2d 769 (Ga.App., 2006) | 2006 WL 1550709 (Ga.App.), 280 Ga.App. 629 (2006) |
In this Georgia case, the Court of Appeals held that, on issue of first impression, an alligator farm was not a "farm" within meaning of the state statute that exempted "farm laborers" or their employers from coverage under the Workers' Compensation Act (Gill was bitten while cleaning out a pen and subsequently developed both a bone infection and salmonella). In construing the relevant statutes, the court found that in the chapter on Employment Security Law (ESL), the legislature meant that individuals who raise or tend wildlife perform "agricultural labor," but only when they do so on a "farm," which is "used for production of stock, dairy products, poultry, fruit, and fur-bearing animals." Accordingly, the court concluded that when Gill cleaned out the alligator pens, he was caring for wildlife and thus performing "agricultural labor." However, his employer, an alligator farm, was not a "farm" because alligators are "wildlife," not "[live]stock ... [or] fur-bearing animals." |
Case |
| Commonwealth v. Russo | 218 N.E.3d 116, review granted, 493 Mass. 1104, 223 N.E.3d 741 (2023) | 103 Mass.App.Ct. 319, 2023 WL 5962931 (Mass. App. Ct. Sept. 14, 2023) | This is a case regarding an animal cruelty charge brought against defendant, the owner of an elderly, terminally ill dog. First, defendant’s family brought the fourteen-year-old dog to an animal hospital. The staff at the hospital examined the dog, which had a large mass on his side, and recommended that the dog have surgery to remove the mass. Defendant did not authorize the surgery, and instead took the dog home. Three weeks later, defendant brought the dog back to the animal hospital, where the staff noticed that his condition had worsened significantly. At this point, the veterinarian recommended humane euthanasia to end the dog’s suffering, but defendant declined and requested the surgery. The veterinarian declined, claiming the dog would not survive the surgery, and defendant took the dog home saying they would have another vet euthanize the dog. The veterinarian reported defendant to the Animal Rescue League of Boston, who conducted a welfare check on the dog and found it in very poor health. When the Animal Rescue League asked defendant to euthanize the dog or get him medical attention, defendant declined and insisted the dog would die at home. Defendants were charged with violating the animal cruelty statute, defendant’s motion to dismiss the complaint was granted, and this appeal followed. The question on appeal is whether defendant’s conduct in refusing to euthanize the dog constitutes animal cruelty under the statute. The Commonwealth argues that the animal cruelty statute covers the conduct of one who has charge of an animal but, rather than inflicting the harm directly, “authorizes or permits” the animal “to be subjected to” harm, and that keeping the dog in a state of suffering rather than euthanizing the dog fits this definition. However, after examining case law, the court could not find a case in which a person's failure to euthanize an animal was interpreted as “subjecting” an animal to harm, and did not want to extend the statute that far. The court affirmed the holding of the lower court. | Case |
| IA - Dog License - 351.27. Right to kill tagged dog | I. C. A. § 351.27 | IA ST § 351.27 | This Iowas statute makes it lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person. | Statute |
| CA - Cockfighting - § 597i. Cockfighting implements; prohibitions; penalties | West's Ann. Cal. Penal Code § 597i | CA PENAL § 597i | This statute makes it unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. The section also provides for forfeiture of such items, in addition to any sentence imposed by the court. | Statute |
| Commonwealth v. Bishop | 67 Mass.App.Ct. 1116 (2006) |
David Bishop was convicted of animal cruelty and failing to provide a sanitary environment for his five dogs. He was ordered to pay over $60,000 in order to provide for the medical expenses that his dogs needed after they were taken away from him. While defendant argued that the amount of restitution was excessive, the court found that each of the five dogs had medical bills in excess of $10,000. Defendant was sentenced to three months in a house of corrections, and ten years probation. |
Case | |
| In re: MARILYN SHEPHERD | 57 Agric. Dec. 242 (1998) | 1998 WL 385884 (U.S.D.A.) | Recommendations of administrative officials charged with responsibility for achieving congressional purpose of Animal Welfare Act are highly relevant to any sanction to be imposed and are entitled to great weight in view of experience gained by administrative officials during their day-to-day supervision of regulated industry; however, recommendation of administrative officials as to sanction is not controlling, and in appropriate circumstances, sanction imposed may be considerably less, or different, than that recommended by administrative officials. | Case |
| MI - Wolves - Control of gray wolves, § 324.95151 to 324.95167 | M.C.L.A. 324.95151 - 324.95167 | Mich. Comp. Laws Ann. § 324.95151 - 324.95167 | This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect. | Statute |
| OR - Lien, care - 87.159. Lien for care of animals | O.R.S. § 87.159 | OR ST § 87.159 | This law relates to liens for animals impounded under the animal cruelty laws (specifically ORS 167.345). A person who, or governmental agency that, transports, pastures, feeds, cares for or provides treatment to an animal that has been impounded under ORS 167.345 has a lien on the animal in the possession of the person or governmental agency for the reasonable charges for transportation, pasturage, feed, care or treatment provided by the person or governmental agency, and the person or governmental agency may retain possession of the animal until those charges are paid. | Statute |
| US - Conservation - Fish & Wildlife Improvement Act of 1978 | 16 U.S.C. 742l | The Fish and Wildlife Improvement Act of 1978 authorizes the Secretaries of the Interior and Commerce to establish, conduct, and assist with national training programs for State fish and wildlife law enforcement personnel. It also authorized funding for research and development of new or improved methods to support fish and wildlife law enforcement. The law provides authority to the Secretaries to enter into law enforcement cooperative agreements with State or other Federal agencies, and authorizes the disposal of abandoned or forfeited items under the fish, wildlife, and plant jurisdictions of these Secretaries. | Statute |