Results

The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed.

In this Tennessee case, a man shot and wounded a cat owned by his neighbor as the animal exited from the bed of the man's prized pickup truck. The cat died from its wounds shortly thereafter. The neighbor sued for the veterinary bills she incurred for treatment of the cat's injuries. The truck owner counter-sued for the damage the cat allegedly caused to his truck by scratching the paint. After a bench trial, the court awarded the truck's owner $6,500 in damages, which it offset by a $372 award to the neighbor for her veterinary bills. The Court of Appeals reversed that decision finding that as a matter of law the cat's owner cannot be held liable for not keeping her cat confined when the damage the cat allegedly caused was not foreseeable.

There were four areas of significant change to the AWA in the 1970 amendments: (1) the definition of "animal" was expanded to include warm-blooded animals generally, (2) more human entities were brought under the regulatory provisions of the Act: animal exhibitors (i.e., circuses, zoos and roadside shows), and wholesale pet dealers, (3) the lab door of research facilities was opened more, requiring that certain humane standards be maintained at all times, (4) the Secretary's enforcement powers were strengthened and protection for government inspectors was provided from individuals who interfered with enforcement actions under the Act.