Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Ellertson v. Dansie | 576 P.2d 867 (Utah, 1978) |
In this Utah case, plaintiff sued the defendants for personal injuries he sustained in attempting to untangle the defendants' horse from a chain that he alleges the defendants negligently tied it to a post in their yard. The Supreme Court held that plaintiff who, at defendant's request, entered upon defendants' land to help free horse which had become entangled in chain because of defendant's alleged negligence in tying the horse to the post, could not recover for his injuries since it was his knowing and voluntary conduct in going into a "plain-to-be-seen" danger. The dissent found that defendants did owe a duty to plaintiff to exercise reasonable care under the circumstances in the manner in which they tied the horse. The dissent found this case more analogous to those under a "rescue doctrine," where recovery is not barred based on the doctrine of assumption of risk or intervening cause. |
Case | |
| Hendrickson v. Tender Care Animal Hospital Corporation | 312 P.3d 52 (2013) | 176 Wash. App. 757 (2013) | Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death. | Case |
| RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats | Gen.Laws 1956, § 4-22-1 - 10; § 4-24-1 - 13 | RI ST § 4-22-1 - 10; § 4-24-1 - 13 | These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification. | Statute |
| MT - Lost Property - RIGHTS AND DUTIES OF FINDERS GENERALLY | MCA 70-5-101 to 70-5-107 | MT ST 70-5-101 to 70-5-107 | This section comprises Montana's lost property provisions. | Statute |
| Shelvey v. Bicknell | 1996CarswellBC1131 |
Both plaintiff (appellant) Shelvey and the defendant (respondent) dog owners were guests of an unnamed third party at that party's beach cabin, where the defendants left their Rottweiler unrestrained on the cabin's deck overnight. The friendly dog jumped over the deck railing to follow the plaintiff to the beach where she was walking; the large, energetic dog bumped her legs while playfully chasing a seagull, knocking her down and leaving her unconscious. The dog had previously knocked its owner and a child down at one time due to its large size and weight. A trial judge earlier found that the defendant owners were not liable to the plaintiff in negligence as the freak accident was not reasonably foreseeable; the Court of Appeal concurred, finding no negligence. Scienter was not argued or discussed at either level. |
Case | |
| State v. Griffin | 684 P.2d 32 (Or. 1984) | 69 Or.App. 199 (1984) |
Appeal of a conviction in district court for cruelty to animals. Defendant was convicted of cruelty to animals after having been found to have recklessly caused and allowed his dog to kill two cats, and he appealed. The Court of Appeals held that forfeiture of defendant's dog was an impermissible condition of probation. |
Case |
| Scotland - Wildlife - Wildlife and Natural Environment (Scotland) Act 2011 | 2011 asp 6 | This Act provides various protections to certain wild animals in Scotland, and makes amendments to the Nature Conservation (Scotland) Act 2004. | Statute | |
| NY - Exotic - Chapter 43-B. Of the Consolidated Laws. | McKinney's E. C. L. § 11-0917 | NY ENVIR CONSER § 11-0917 | This New York laws begin by stating that wild game and other wildlife may only be possessed if lawfully taken in compliance with the Fish and Wildlife Law and the accompanying regulations. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold alive during their respective open seasons. No live wolf, coyote, coydog, fox, skunk, venomous reptile or raccoon shall be possessed or transported, except under a license or permit issued by the department. Every such license or permit shall contain a prominent notice warning the licensee or permittee of his or her duty to exercise due care in safeguarding the public from attack; failure to do so is a crime under section three hundred seventy of the agriculture and markets law. | Statute |
| MI - Hunting - Chapter 324. Natural Resources and Environmental Protection Act. | M. C. L. A. 324.41701 - 41712 | MI ST 324.41701 - 41712 | These sections set out the guidelines for private shooting preserves, including the species of wild animals and birds permitted to be hunted. | Statute |
| State v. Dye | 309 P.3d 1192 (Wash.,2013) |
The Defendant appealed his conviction for residential burglary. The victim in the case was an adult man with significant developmental disabilities. At trial, the State obtained permission to allow a dog named "Ellie" to sit at the victim's feet during testimony. On appeal of the Court of Appeal's decision, the Supreme Court held that defendant failed to establish that his rights to a fair trial were violated (283 P.3d 1130 (Wash.App. Div. 1,2012)). Further, any prejudice that resulted from Ellie's presence was minor and largely mitigated by the limiting instruction that the trial court gave. The Court found that the trial court did not abuse its discretion and the Court of Appeals decision was affirmed. |
Case |