New Jersey

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NH - Housing, pets - Chapter 161-F. Elderly and Adult Services. Companion Animals This New Hampshire chapter relates to the keeping of pets in housing for the elderly. Under the chapter, "animals” means common domesticated household animals limited to: dogs, cats, caged birds, and aquarium fish. Tenants of any housing for the elderly project can petition to keep companion animals. The petition is determined by a simple majority vote of 10 percent of all tenants. Other provisions include the establishment of a reasonable damage deposit and a responsibility by the tenant to provide management with an agreement that allows someone else to act as a temporary or permanent caretaker if he or she becomes unable to do so.
New Jersey Society for Prevention of Cruelty to Animals v. Board of Education


In this action, the New Jersey Society for the Prevention of Cruelty to Animals, sought recovery against the Board of Education of the City of East Orange of penalties of the rate of $100 per alleged violation arising out of cancer-inducing experiments conducted by a student in its high school upon live chickens. By permission of the court, defendants, New Jersey Science Teachers’ Association and National Society for Medical Research Inc. were permitted by the court to participate as amicus curiae. The court found that because the board did not obtain authorization from the health department, an authorization which the health department did not think was needed, it was not thereby barred from performing living animal experimentation. The court concluded that the experiment at issue was not per se needless or unnecessary, and that such experiment did not fall within the ban of N.J. Stat. Ann. § 4:22-26 against needless mutilation, killing, or the infliction of unnecessary cruelty.
New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture


This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture.

 

Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that

the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable.


This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008).
New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture


The issue in the case was whether the regulations promulgated by the NJDA pursuant to this authority were invalid for failing to comply with the “humane” standards requirement. Although the court held that the regulations in their entirety were not invalid, the court found that NJDA acted arbitrarily and capriciously in enacting its regulations by allowing all “routine husbandry practices,” as there was no evidence that those practices were “humane.” The court further rejected NJDA regulations allowing cattle tail docking, finding no evidence to support that the practices were “humane.” Finally, the court rejected the assertion of NJDA that certain controversial farm practices, such as castration, de-beaking, and toe-trimming, are “humane” if they are performed by a “knowledgeable individual” “in a way to minimize pain.”
New Jersey Revision of Statutes 1709-1877: Chapter XII: An act for the prevention of cruelty to animals. A compilation of the New Jersey anti-cruelty laws as of 1877. The laws covered include treatment of animals, penalties, and exceptions for scientific experiments.
New Jersey Revision of Statutes 1709-1877: Chapter XII Supplement: An act for the prevention of cruelty to animals. A supplement to the New Jersey Revision of Statutes for 1877. The supplement covered standing for officer's of New Jersey Society for the Prevention of Cruelty to Animals. In addition, the supplement addresses the question of jurisdiction for the enforcement the anti-cruelty laws.
McDougall v. Lamm (unpublished)


Plaintiff witnessed her dog be killed by Defendant's dog. The  court held that Plaintiff’s damages were limited to her dog's “intrinsic” monetary value or its replacement cost. Plaintiff was not entitled to compensation for the emotional distress she experienced in witnessing the attack.
McDougall v. Lamm


This New Jersey case considered whether a pet owner should be permitted to recover for emotional distress caused by observing the traumatic death of that pet. The incident giving rise to this case occurred when plaintiff's "maltipoo" dog was attacked and killed by a neighbor's larger dog as she was walking her dog. Plaintiff then brought an action against the owner of the larger dog, alleging negligence and emotional distress. The lower court entered partial summary judgment to the owner of the large dog on the emotional distress claim, and a bench trial awarded plaintiff replacement costs for her dog. On appeal here, the Supreme Court recognized that while many individuals develop close, familial bonds with their pets, expanding a cause of action for emotional distress due to the loss of a pet would create "ill-defined and amorphous cause of action that would elevate the loss of pets to a status that exceeds the loss of all but a few human beings."
Liberty Humane Soc., Inc. v. Jacobs
This case concerns the authority of the Department of Health to revoke certifications of animal control officers who willfully contravened the state law on impounding dogs.

 

The court found that “[s]


ince the Department acknowledged that it is charged with revoking certifications of animal control off


icers when those officers pose ‘


a


threat to the health and safety’


of the community, it should follow that allegations of officers willfully and illegally taking a dog from its owner and falsifying records to claim it a stray so as to expose it to adoption by another or euthanasia calls for the Department to take action.


”


It


would be


both arbitrary and capricious for the Department to ignore its duty to determine if revocation of certification is required.
LaPlace v. Briere

In this New Jersey case, a horse owner brought an action against the person who exercised his horse while the horse was being boarded at the defendant's stable. While the stable employee was "lunging" the horse, the horse reared up, collapsed on his side with blood pouring from his nostrils, and then died. On appeal of summary judgment for the defendant, the court held that the person who exercised horse could not be liable under the tort of conversion as she did not exercise such control and dominion over the horse that she seriously interfered with plaintiff's ownership rights in the horse. While the court found that a bailment relationship existed, the plaintiff failed to come forward with any additional evidence that established the horse was negligently exercised or that the exercise itself was a proximate cause of its death. The grant of summary judgment for the defendants was affirmed.

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