Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Young's Bus Lines v. Redmon | 43 S.W.2d 266 (Tex. 1931) |
Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages. |
Case | ||
| Diehl v. Cumberland Mut. Fire Ins. Co. | 686 A.2d 785 (N.J.Super.A.D.,1997) | 296 N.J.Super. 231 (N.J.Super.A.D.,1997) |
In this New Jersey case, the plaintiff was bitten by a dog when walking around the back of pickup and $55,000 in damages were awarded. The issue on appeal concerned the issue of which insurance policy, auto or homeowners, should cover this type of incident. The court adopted the nexus test; the auto insurance is liable if the injury arises out of the operation of a vehicle. The Court held : “We are satisfied that automobile liability insurance should cover this injury caused by a dog bite to the face occurring while the dog was in the open rear deck of a pickup truck because it arose out of the use of the vehicle to transport the dog. Moreover, the bite incident was facilitated by the height and open design of the deck. In our view the act was a natural and foreseeable consequence of the use of the vehicle, and there was a substantial nexus between the dog bite and the use of the vehicle at the time the dog bit the plaintiff.” |
Case | |
| Colombia, LEY 916, 2004, National bullfighting Statute. | LEY 916, 2004 | Ley 916, or National Bullfighting Statute, declares bullfighting as “a form of artistic expression”. This statute has national scope, and regulates everything concerning the preparation, organization and development of bullfighting, giving a status of legality in the legal system. The Taurine Statute discusses topics such as the characteristics of the bullring, the name of different areas in the ring, and their purpose. It has an extensive glossary explaining the different methods utilized during the different phases of the bullfight, procedures to weaken and kill the bull, the moves of the animal and the bullfighters. This statute defines the name of the weapons and how and when to use them. It notes requirements such as that every bullring stadium must provide medical assistance for the participants, with all least four specialized doctors in every bullfight. While on-site medical care is outlined for the human participants, no veterinarian is required to be present during the execution of the bullfight. | Statute | ||
| MO - Ordinances - Chapter 79. Fourth Class Cities. Police and Health Regulations | V. A. M. S. 79.400 | MO ST 79.400 | This Missouri statute provides that a local board of aldermen may tax, regulate and restrain and prohibit the running at large of dogs, and provide for their destruction when at large contrary to ordinance, and impose penalties on the owners or keepers thereof. | Statute | |
| Balch v. Newberry | 208 Okla. 46, 253 P.2d 153, 35 A.L.R.2d 1267, 1953 OK 23 | 208 Okla. 46, 253 P.2d 153, 35 A.L.R.2d 1267, 1953 OK 23 |
In this Oklahoma case, plaintiff purchased a pointer dog for a payment of $800 cash, whom he purchased for breeding purposes. Plaintiff alleged, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that plaintiff had for many years been engaged in the business of operating kennels. In affirming the judgment for plaintiff, the court held that the purchase of a dog with the knowledge of the seller that it is bought exclusively for breeding purposes gives rise to a warranty of fitness for such purpose where the buyer relies upon the seller's skill and judgment that the dog is fit for such purpose. Where a sale of highly bred stud dog for breeding purposes is rescinded for breach of an implied warranty, because of sterility, the purchaser can recover what he paid under the contract and expenses necessarily incident to caring for the dog but he cannot, in addition, recover damages for the breach of the implied warranty of the dog's usefulness for breeding purposes. |
Case | |
| People v. Tessmer | 137 N.W. 214 (Mich. 1912) | 171 Mich. 522 (Mich. 1912) |
Defendant was convicted of wilfully and maliciously killing the horse of another. Defendant argued that the evidence was insufficient to support the conviction because there was no proof of malice toward the owner of the horse. The court held that the general malice of the law of crime was sufficient to support the conviction. |
Case | |
| NV - Disaster Planning - State Comprehensive Emergency Management Plan (SCEMP) | State Comprehensive Emergency Management Plan (SCEMP) | According to the Division of Emergency Management - Homeland Security, "The objective of the State Comprehensive Emergency Management Plan (SCEMP) is to reduce the possible consequences of an emergency by preventing loss of life and injuries; reducing damage to infrastructure, buildings, and homes; thus accelerating the resumption of normal daily life activities; and to the maximum extent possible, protect the environment." The plan contains several references to both service animals and household pets, which are excerpted below. | Administrative | ||
| ND - Hunting - NDCC, 20.1-01-11 Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited | NDCC 20.1-01-11 | ND ST 20.1-01-11 | This North Dakota statute states that no person operating or controlling the operation of any aircraft or motor vehicle in the state may intentionally kill, chase, or harass any wild animal or wild bird, protected or unprotected, unless exceptions under the statute apply. Also no person, while operating a snowmobile in the state, may intentionally kill, chase, flush, or harass any wild animal or wild bird, protected or unprotected. | Statute | |
| FL - Facility dog - § 92.55. Judicial or other proceedings involving victim or witness under the age of 18 | West's F.S.A. § 92.55 | Fla. Stat. Ann. § 92.55 | This statute allows any party at a judicial proceeding to protect a victim or witness under the age of 18 from severe emotional or mental harm due to the presence of the defendant. With respect to facility dogs, the law states that the court may set any other conditions it finds just and appropriate, including the use of a service or therapy animal that has been evaluated and registered according to national standards, in any proceeding involving a sexual offense. When deciding whether to permit a child victim or witness or sexual offense victim or witness to testify with the assistance of a registered service or therapy animal, the court must consider the following factors: (1) the age of the child victim or witness; (2) the age of the sexual offense victim or witness at the time the sexual offense occurred; (3) the interests of the child victim or witness or sexual offense victim or witness; (4) the rights of the parties to the litigation; and (5) any other relevant factor that would facilitate the testimony by the child victim or witness or sexual offense victim or witness. | Statute | |
| ME - Disaster - Chapter 307. State of Maine Animal Response Team. | 7 M.R.S.A. § 1901 - 1902 | ME ST T. 7 § 1901 - 1902 | The Commissioner of Agriculture, Food and Rural Resources is directed to develop a State of Maine Animal Response Team to support a network that protects human and animal health through preparation, response and recovery for animal emergencies. The Team is to facilitate a response to a natural or man-made disaster and minimize the economic and environmental impacts of animal emergencies. The Treasurer of State is mandated to establish the State of Maine Animal Response Team Fund to pay costs incurred by the Team. | Statute |