Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Brockett v. Abbe | 206 A.2d 447 (Conn.Cir.A.D. 1964) | 206 A.2d 447 |
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated. |
Case |
| Ott v. Pittman | 463 S.E.2d 101 (S.C.App.,1995) | 320 S.C. 72 (1995) |
In this South Carolina case, a dog owner brought a negligence action against a hog farmer who shot two of the owner's champion "Treeing Walker Coonhound" dogs. The farmer counterclaimed, alleging damages for the dogs' action and malicious prosecution. The lower court ordered judgment for the dogs' owner (Ott) in the amount of $19,800, finding Pittman 90% liable. On the farmer's appeal, this court upheld the $19,800 award, finding sufficient support based on expert testimony about the specific qualities of the breed. |
Case |
| IN - Law enforcement - Chapter 42.5. Burial with Law Enforcement Animals or Service Animals | IC 23-14-42.5-1 - 7 | This chapter allows the cremated remains of a deceased law enforcement or military animal of a deceased owner to be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner. The deceased animal's cremated remains may be scattered or placed on top of the deceased owner's burial plot or interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not encroach on a neighboring burial plot, involve disinterment of the owner, or involve digging greater than one foot of depth. The person owning the deceased animal must consent in writing and give this consent to the cemetery owner. If the deceased owner does not own the animal at the time of the deceased animal's death, the deceased owner may provide written notice in his or her last will, in a written designation to the cemetery, or in a funeral planning declaration. | Statute | |
| Haggblom v. City of Dillingham | 191 P.3d 991 (Alaska 2008) | This is an owner's appeal of the city order which ordered her dog be euthanized or banished from city limits because the dog bit a person without provocation. The order had been affirmed by the superior court and is now in front of the state Supreme Court. Haggblom argues that the ordinance is unconstitutional because it does not provide meaningful process, and is too vague because it does not explicitly offer the alternative of banishment from city limits. This court found that due process was satisfied and that the ordinance is constitutionally clear, and thus affirms the order. | Case | |
| VA - Disaster - § 44-146.18. Department of Emergency Services continued as Department of Emergency Management; | VA Code Ann. § 44-146.18 | VA ST § 44-146.18 | In Virginia, the State Department of Emergency Management must develop an emergency response plan to address the needs of individuals with household pets and service animals in the event of a disaster (subsection (B)(18)). | Statute |
| OK - Licenses - § 22-115. Animals running at large--Regulation and taxation | 11 Okl. St. Ann. § 22-115 to 115.1 | OK ST T. 11 § 22-115 to 115.1 | This Oklahoma statute provides that the municipal governing body may regulate or prohibit animals from running at large. The governing body may also regulate and provide for taxing the owners and harborers of dogs, and authorize the killing of dogs which are found at large in violation of any ordinance regulating the same. | Statute |
| United States v. Gideon | United States v. Gideon, 1 Minn. 292 (1856). |
The Defendant was convicted in the District Court of Hennepin county for the unlawfully malice killing of a dog. The Defendant appealed the descision to the Supreme Court of Minnesota to determine whether a dog has value and thus would be cover by the Minnesota cruelty to animal statute. The Supreme Court of Minnesota found that a dog has no value and would not be covered by the statute. |
Case | |
| Smith v. City of New York | 889 N.Y.S.2d 187 (N.Y.A.D. 1 Dept.,2009) | 2009 N.Y. Slip Op. 08969 |
This New York appeal reversed the lower court's judgment finding Officer Smith strictly liable for dog-bite injuries sustained by infant plaintiffs. The court found that, in the limited time the officer spent with the dog, the dog acted friendly, playful, and "rambunctious." He did not see the dog growl or lunge at the plaintiff and her family, who were sitting in the precinct house. The testimony adduced at trial did not establish that Officer Smith knew or should have known of the dog's vicious propensities. Further, the court found the evidence was insufficient to show that Officer Smith owned the dog. Rather, he took temporary custody of the abandoned dog with the intention to transport him to the ASPCA, and the dog was in his possession for, at most, a few hours. |
Case |
| Argentina, Ley 18.819, 1970 | LEY N° 18.819 | This law contains the provisions for the procedures for the slaughter of animals. More specifically the slaughter of animals of the bovine, equine, ovine, porcine and caprine species. However, Article 2 establishes that executive power may extend these provisions to the slaughter of birds, rabbits, and other minor species. Slaughterhouses and meat packing plants in Argentina must comply with the desensitization requirements and procedures established by the executive power. This law prohibits the use of the clubs in slaughtering. The veterinary inspection services of the national and of the provincial or municipal administrations are the control entities for the compliance of this law. The Secretary of State for Agriculture and Livestock is the entity that imposes sanctions to establishments subject to national veterinary inspection and those that violate these provisions. | Statute | |
| Syracuse Book 1 Symposium on Animal Law |
Syracuse Law Review
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Policy |
