Nebraska

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Titlesort descending Summary
NE - Trusts - Chapter 30. Decedents' Estates; Protection of Persons and Property.


This statute represents Nebraska's pet trust law.  The law adopts the language of Section 408 of the Uniform Trust Act and states 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.

NE - Veterinary - Article 33. Veterinary Medicine and Surgery Practice Act


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.

NE - Wildlife - Article 2. Game Law General Provisions


These statutes comprise the definitional section  of Nebraska's wildlife code. Among the definitions include game, aquaculture, wildlife, hunt, and take. (See also

Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses

).

Nebraska Complied Laws 1887: Chapter X: Offenses Related to Domestic Animals


Nebraska Compiled Statutes from 1887.  The statutes cover cruelty to animals from transportation to negligence in handling.  Also covered is the stealing or interfering with various types of domestic animals.

State v. Jensen Defendant was convicted of convicted of two counts of mistreatment of a livestock animal in violation of Neb.Rev.Stat. § 54–903(2) (Reissue 2010) and four counts of neglect of a livestock animal in violation of § 54–903(1). Defendant owned and maintained a herd of over 100 horses in Burt County, Nebraska. After receiving complaints, the local sheriff's office investigated the herd. An expert veterinarian witness at trial testified that approximately 30% of the herd scored very low on the scale measuring a horse's condition and there were several deceased horses found with the herd. On appeal, defendant argued that there was insufficient evidence to support several of his convictions. Specifically, defendant challenged whether the state proved causation and intent under the statute. The court found that the prosecution proved through testimony that defendant caused the death of the horses subject to two of the convictions. With regard to intent, the court found that the evidence showed it would have taken weeks or month for a horse to reach to the low levels on the scale. The court found that defendant was aware of the declining condition of the herd over a significant amount of time, and failed to adequately feed, water, or provide necessary care to his horses. The convictions were affirmed.
State v. Lesoing-Dittoe


A married couple owned a pet dog that had a history of injuring other dogs.  The married couple's dog injured a neighbors dog and, under a Nebraska Statute, was ordered to be destroyed.  The Supreme Court of Nebraska reversed the decision holding the penalty was unreasonable.

State v. Ziemann


The petitioner-defendant challenged her criminal conviction for cruelly neglecting several horses she owned by asserting that her Fourth Amendment rights were violated. However, the court of appeals side stepped the petitioners claim that she had a legitimate expectation of privacy in a farmstead, that she did not own or reside on, because she leased the grass on the farmstead for a dollar by invoking the “open fields” doctrine.

  

The court held that even if such a lease might implicate the petitioners Fourth Amendment rights in some circumstances, the petitioner here was only leasing a open field, which she cannot have a legitimate expectation of privacy in.

Van Kleek v. Farmers Insurance Exchange Plaintiff agreed to watch a couple’s dog while they were out of town. While plaintiff was caring for the dog, the animal bit her on her lower lip. Plaintiff filed a claim with the couple's insurance company. The insurance company rejected the claim because the plaintiff was also "insured," defined to include “any person ... legally responsible” for covered animals, and the policy excluded coverage for bodily injuries to "insureds." Plaintiff filed an action for declaratory judgment against the insurance company, seeking a determination that the policy covered her claim. The insurance company moved for summary judgment, and the district court sustained the insurance company's motion, reasoning that plaintiff was “legally responsible” for the dog because she fed and watered the animal and let it out of the house while the couple was away. The Supreme Court of Nebraska affirmed and held the insurance company was entitled to summary judgment.

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