|
Williams v. Hill |
In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars.
“We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.”
|
|
Ware v. State |
In this Alabama case, defendant Walter Tyrone Ware was indicted on six counts of owning, possessing, keeping, and/or training a dog for fighting purposes, and one count of possessing a controlled substance. Police were dispatched to defendant's residence after receiving an anonymous tip about alleged dogfighting. Upon arriving, police found a bleeding dog on the ground next to an SUV, a puppy in the SUV, and 22 more pit bull dogs in the backyard. Most of the dogs were very thin or emaciated, and at least two dogs had fresh cuts or puncture wounds. On appeal, defendant claimed that there was no evidence that he had attended a dog fight or hosted one. However, the court observed that Alabama's dogfighting statute does not require such direct evidence; rather, a case was made based on evidence of training equipment, injured dogs, and the dogs' aggressive behavior exhibited at the animal shelter after seizure.
|
|
Turner v. Benhart |
Plaintiff horse owner appealed a judgment of the Jefferson Circuit Court (Alabama) entered on a jury verdict in favor of defendant veterinarian in a malpractice action arising from the death of the owner's horse. The horse owner contended that the trial court erred in denying his motion for a new trial based on the ground that the verdict was against the great weight and preponderance of the evidence. The court affirmed the trial court's judgment in favor of the veterinarian in the malpractice action.
|
|
Strickland v. Davis |
A case involving an automobile accident in which the court declared that photographs may be authenticated by a party having personal knowledge of the location and who can verify that the photos substantially represent the conditions as they existed at the time in question.
|
|
State v. Pierce |
The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow. The lower court found the Defendant guilty. The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used. The Court determined the answer to be yes. Thus the Court reversed and remanded the case.
|
|
Simons v. State |
In this case, defendant was convicted of a Class C felony of cruelty to a dog or cat and was sentenced to twenty years in prison (the conviction stems from the beating a kitten to death with his bare fists). The lower court applied the Habitual Felony Offender Act (HFOA) which allowed the court to sentence defendant beyond the maximum penalty (defendant had 16 prior felony convictions). Defendant appealed his sentence, arguing that HFOA did not apply to his Class C felony of cruelty to a dog or cat. Ultimately, the court held that HFOA did not apply to the Class C felony here. The court maintained that the animal cruelty statue was plainly written and explicitly stated that a first degree conviction of animal cruelty would not be considered a felony under HFOA. As a result, defendant's conviction was upheld but remanded for new sentencing. |
|
Scott v. Donkel |
In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord. The attack occurred off the rented premises in the public street.
The action was based upon negligence, that is, a failure to protect against a dangerous condition.
The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity.
The court did not find a duty to inspect the premises and discover this information. The court did not reach the point that the attack occurred off the premises. The granting of the motion for summary judgment for the landlord was upheld.
|
|
Placey v. Placey |
The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest.
|
|
PARKER v. MISE |
In
Parker v. Miser
, 27 Ala. 480 (Ala. 1855), the court recognized that at common law, an action existed for the conversion or injury to property, and acknowledged dogs as property. The court went on to note that some amount of nominal damage existed for the wrongful killing of an animal, even in the absence of a precise amount. Where the killing of the animal was done in reckless disregard, a plaintiff could seek punitive damages.
|
|
Overview of Alabama Great Ape Laws |
This article discusses the state laws that govern the import, possession, use, and treatment of Great Apes in Alabama. In Alabama, gorillas, chimpanzees, bonobos, orangutans and gibbons are considered “Class 1” wildlife, which means that they are among the most heavily regulated wild animals in the state. Although the possession and use of apes is heavily regulated in certain areas, such as display and exhibition, it is virtually unregulated in other areas. The following article begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state. |
