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MN - Cruelty - Consolidated Cruelty Statutes |
These Minnesota statute comprise the anti-cruelty laws in the state. This section first allows the formation of private prevention of cruelty to animals societies and humane societies and sets forth their obligations by law. "Animal" is defined by this section as every living creature except members of the human race. No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor. Under the neglect component, the statute states that no person shall deprive any animal over which the person has charge or control of necessary food, water, or shelter, among other things. |
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MN - Assistance Animal - Assistance Animals/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and service animal laws. |
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Minnesota 1860-1872 Public Laws: OFFENSES AGAINST CHASTITY, MORALITY, ETC. |
Section 18 of Chapter 96 from Minnesota Public Statutes 1860-1872 covers the treatment of animals. Specifically, the statute covers the punishment for cruelty to animals. |
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Macho v. Mahowald |
In this Minnesota case, a rider brought an action for personal injuries suffered after the defendant-owner's horse bolted while the rider was mounting the horse. The lower court entered judgment notwithstanding the verdict for the owner. The rider appealed. The Court of Appeals held that evidence showing that the horse had previously bolted was sufficient to create an issue for the jury as to whether the horse had a propensity to be dangerous. Further, with regard to whether the owner was negligent in allowing the rider to mount without properly adjusting the saddle equipment, the court found that the jury could have properly found both parties were negligent in failing to adjust the stirrups.
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In re Molly |
In this Minnesota case, the appellant challenges the district court's order designating his dog a "dangerous dog" under Minn.Stat. § 347.50, subd. 2(2) (2004). The appellate court held that the city lacked authority to bring action to enforce non-self-executing statutory provision concerning dangerous dogs. While the city of Arden Hills argues that the legislature, in section 347.53, gives cities "the power to enforce the dangerous dog statute, section 347.53 authorizes cities to "regulate potentially dangerous dogs," a statutory category expressly separate from and exclusive of "dangerous dogs." The court stated that the issue is whether Arden Hills may enforce the statute without first adopting it or promulgating procedures for its enforcement. Further, while it is undisputed that Scooter was badly injured by Molly during the attack, she was not dead then or upon arrival at the veterinary clinic. The owners undertook the decision to euthanize rather than treat the injured dog.
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Hyatt v. Anoka Police Department |
Plaintiff was injured by a police dog during the arrest of her husband. Plaintiff sued under a Minnesota Statute requiring strict liability for dog injuries. The trial court held the statute applied to police dogs, the Court of Appeals reversed, and the Supreme Court ultimately held the statute does apply to police dogs.
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Humane Society v. Merriam |
Minnesota allowed trapping and snaring activities. Plaintiffs sued the state, arguing that this policy was causing the death of some endangered Canada lynx, in violation of the Endangered Species Act. The plaintiffs and defendants had the case dismissed after they agreed that Minnesota would seek a permit from the Fish and Wildlife Service under the Endangered Species Act, and that conservation measures would be taken for the protection of the lynx.
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Holt v. City of Sauk Rapids |
Sauk Rapids, Minnesota passed a city ordinance limiting the number of dogs that could be kept in a residential home. The appellants were dog owners, breeders, and Ms. Holt, who also rescued Newfoundland dogs help find new homes for them. The lower court held that the ordinances were unconstitutional, but the city appealed and on appeal the court reversed the finding. Minnesota law granted the municipality the authority to regulate public and private property, including regulating the keeping of dogs on residential property. City Hall received many complaints concerning dogs, so the Sauk Rapids ordinance was introduced by the mayor to address issues with dog odor and noise. Because limiting the number of dogs can reduce odor and noise, the court found that there was a rational relationship between the ordinance and reducing the problems associated with the dogs. The dog owners failed to show that the ordinance was unreasonable. The constitutionality was upheld because the ordinance was rationally related to the health, safety, and general welfare of the community as affected by dogs. |
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Hohenstein v. Dodds |
This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs. Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera. The court held that a
n expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible. Further, a
n expert witness may not include the opinion of another expert witness as basis for his own opinion.
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Hannan v. City of Minneapolis |
This case held that a state statute permitting the control and ultimate destruction of dangerous animals does not preclude municipal controls that add to the breadth of public powers without regulating conditions expressly prohibited by statute. In the case, a dog owner sought review of municipal animal control division's order for destruction of his dog. The Court of Appeals held that the ordinance providing for destruction of dangerous dog did not conflict with statute and thus was not preempted by statute. The court stated that, after comparing the ordinance with the state statute, it was evident that the local provision is merely additional and complementary to the statute, permitting local action that the state statute does not prohibit. In fact,
state law expressly provides for local regulation, giving municipalities full authority to regulate "potentially dangerous dogs," as long as the regulations are not breed-specific.
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