Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 - Slaughter - 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 | ||
| TN - Domestic Violence - Part 6 Domestic Abuse | T. C. A. § 36-3-601 - 606 | Under Tennessee's Domestic Abuse Act, the definition section states that "abuse" includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. Section 606(9) allows the court to direct the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. Further, in no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation. | Statute | |
| NH - Dog Bite - Chapter 466. Dogs and Cats. | N.H. Rev. Stat. § 466:31 to 31-a | NH ST § 466:31 to 31-a | Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property if it is "at large," if it barks for sustained periods, if it chases cars continuously, or if it growls, snaps at or bites persons. If a dog bites a person and breaks the skin, the animal control officer must inform the victim whether the dog was vaccinated against rabies within 24 hours. | Statute |
| State v. Taylor | 322 S.W.3d 722 (Tex.App.-Texarkana,2010) | 2010 WL 3023282 (Tex.App.-Texarkana) |
Defendant was charged with a violation of Section 822.005(a)(2) of the Texas Health and Safety Code - the dog attack statute. The trial court dismissed the indictment stating that Section 822.005(a)(2) was unconstitutional because it fails to set forth any required culpable mental state. The Court of Appeals, however, found that the statute was constitutional because it does set forth a culpable mental state. "[B]oth the plain language of Sections 822.005(a)(2) and 822.042 impose upon the owner of a dangerous dog the duty to restrain or secure his or her animal." |
Case |
| LaPlace v. Briere | 962 A.2d 1139 (N.J.Super.A.D.,2009) | 404 N.J.Super. 585 (2009); 2009 WL 62875 |
In this New Jersey case, a horse owner brought an action against the person who exercised his horse while the horse was being boarded at the defendant's stable. While the stable employee was "lunging" the horse, the horse reared up, collapsed on his side with blood pouring from his nostrils, and then died. On appeal of summary judgment for the defendant, the court held that the person who exercised horse could not be liable under the tort of conversion as she did not exercise such control and dominion over the horse that she seriously interfered with plaintiff's ownership rights in the horse. While the court found that a bailment relationship existed, the plaintiff failed to come forward with any additional evidence that established the horse was negligently exercised or that the exercise itself was a proximate cause of its death. The grant of summary judgment for the defendants was affirmed.
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Case |
| OR - Fur - 167.390. Commerce in fur of domestic cats and dogs | O. R. S. § 167.390 | OR ST § 167.390 | In Oregon, a person may not take, buy, sell, barter or otherwise exchange for commerce in fur purposes the raw fur or products that include the fur of a domestic cat or dog if the fur is obtained through a process that kills or maims the cat or dog. Violation is a Class A misdemeanor when the offense is committed with a culpable mental state as defined in ORS 161.085. | Statute |
