Displaying 1 - 10 of 42
Titlesort ascending Summary
Thurston v. Carter
This action of trespass is brought for the recovery of damages for the killing of the fox hound of plaintiff by defendant.  Defendant claimed that he shot and killed the plaintiff's dog while it was chasing and worrying a cat belonging to and upon the land of the defendant. After the introduction of all the evidence, the court ordered a verdict for defendant. To this direction, plaintiff filed his bill of exceptions in which it is stipulated that if a cat is a domestic animal, the ruling below is to stand, otherwise judgment is to be entered for plaintiff in the sum of $50.
State v. Witham

A man ran over his girlfriend's cat after having a fight with his girlfriend.  The trial court found the man guilty of aggravated cruelty to animals.  The Supreme Judicial Court affirmed the trial court, holding the aggravated cruelty to animals statute was not unconstitutionally vague.

State v. Peck Defendant appealed a judgment entered in the District Court after a bench trial found she committed the civil violation of cruelty to animals. Defendant contended that the court abused its discretion in quashing a subpoena that would have compelled one of her witnesses to testify; that the cruelty-to-animals statute is unconstitutionally vague; and that the record contains insufficient evidence to sustain a finding of cruelty to animals and to support the court's restitution order. The Supreme Judicial Court of Maine, however, disagreed and affirmed the lower court's judgment.
State v. Murphy

Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations.

State v. Cloutier

Defendant appealed from his conviction for "driving deer" under Maine statute § 7458(10) (among other convictions), contending that the statute was unconstitutionally vague.  The Court rejected defendant's argument, finding the version at issue here plainly tells people that if they participate in a group hunt and they organize or plan the hunt so that several people move in a coordinated fashion toward other members of the hunting party who by predesign are standing or moving toward the first group, in a planned effort to flush out the deer, they are hunting illegally.  With regard to the entrapment defense for the illegal transporting of deer, the Court found that although another hunter may have created the opportunity for Cloutier to commit the illegal transportation violation, "more is required for the entrapment defense than providing the opportunity to commit the crime." 

Morgan v. Marquis

After being bit in the face from a dog she was caring for, the plaintiff sued the dog's owner on the theories of strict liability, negligence and statutory, 7 M.R.S. § 3961(1), liability. The superior court granted summary judgment in favor of the defendant on all claims rejecting plaintiff's claim that pit bull dogs are inherently abnormally dangerous dogs. Finding insufficient evidence that the defendant knew his dog was likely to bite someone, the Supreme Judicial Court of Maine affirmed the lower court's decision on the strict liability claim. However, the court vacated the lower court's decision towards the negligence and statutory liability claim because genuine issues of material fact remained.

ME - Wildlife possession - Chapter 6. Educational & Scientific Collection Permit Rule

This section establishes the rules in Maine for educational and scientific collection permits. A scientific collection permit is required by any person who wishes to take, transport or possess wild birds or animals and their parts or products for scientific research or educational purposes at any time of the year; and/or before any person may lawfully salvage, otherwise acquire, transport or possess wild birds and animals for any purpose not specifically covered under any other permit or license.

ME - Veterinary - Title 32. Professions and Occupations.

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

ME - Pet Trusts - Chapter 4. Creation, Validity, Modification and Termination of Trust.

This statute represents Maine's pet trust law.  The provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.  The comment following the text of the statute clarifies what types of animal-related activities qualify as non-charitable versus charitable trusts.

ME - Lost Property - Chapter 21. Lost Goods and Stray Beasts.

This section comprises Maine's Lost Goods and Stray Beasts Act.