Pennsylvania

Displaying 61 - 70 of 87
Titlesort ascending Summary
DeSanctis v. Pritchard


Plaintiff seeks enforcement of contract with ex-spouse for sharing possession of dog. Lower court refused to enforce agreement saying that dogs were just property and shared possession was not possible.

Daughen v. Fox


Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays.  The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test.  With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal.  

Commonwealth v. Reynolds


A woman's four serval cats, two fennic foxes, three ringtailed lemurs, three kinkajous, and one wallaby were all seized pursuant to a search warrant.  The trial court granted the woman's motion for return of her property in part and denied in part, specifically allowing for the return of the kinkajous and lemurs.  The Court of Appeals remanded to determine whether the woman's possession of the animals was in violation of the federal AWA or state Game Code.   

COMMONWEALTH v. MASSINI


In this Pennsylvania case, defendant was prosecuted for killing a cat that belonged to his neighbor. The section under which he was prosecuted prohibited the killing of a 'domestic animal of another person.' However, a cat was not one of the animals defined as a ‘domestic animal’ by the Act. Using rules of statutory interpretation, the court found that the omission of 'cat' from the listed species of the penal code provision was intentional by the legislature, and thus the defendant's sentence was discharged.

Commonwealth v. Lee


Sheriffs removed Defendant's starving dog from his garage and took it to a shelter for hospitalization.  Following a conviction and sentencing for animal cruelty and an order of restitution payable to the shelter, Defendant appealed.  The Superior Court remanded for re-sentencing and vacated the order of restitution, holding that the shelter was not a victim of Defendant's actions, and that restitution is only payable to humans.

Commonwealth v. Kneller


Kneller appealed from a conviction of criminal conspiracy to commit cruelty to animals after she gave an acquaintance a gun and asked him to shoot a dog. The Court affirmed the conviction, concluding that “The Animal Destruction Method Authorization Law” (ADMA) and the “Dog Law” are not ambiguous. In addition, the deadly weapon enhancement applies to an owner who is convicted of cruelty to animals and used a firearm to kill it.

Commonwealth v. Gosselin


A woman was convicted of unlawful taking or possession of game or wildlife for owning a domesticated squirrel.  The Court of Appeals reversed the conviction  They reasoned since the squirrel was domesticated in South Carolina, and South Carolina does not have any prohibition against the taking and domestication of squirrels, the trial court could not rely on the Pennsylvania statute prohibiting such.

Commonwealth v. Gonzalez
Appellant was convicted of cruelty to animals for cockfighting. On appeal, appellant claimed that the delegation of police power to animal welfare agents was unconstitutional. The court found that appellant was without standing to complain because he failed to show an injury. Appellant also argued that the animal fighting statute was preempted by a federal statute,

7 U.S.C.S. §

 

2156.

The court disagreed. Finally, appellant asserted that §

 

5511 was unconstitutionally vague and overbroad. The court determined that appellant lacked standing to challenge the statute's

overbreadth.

Commonwealth v. Gardner


In this Pennsylvania case, a new resident moved next door to a woman who had been operating a kennel for years.  He then complained to the borough council which then amended an ordinance such that the keeping of more than six dogs over six months of age was made a nuisance per se, illegal and a violation of the ordinance.  The court held that it did not believe that the borough council or the court had the power or the authority to determine that more than a certain number is a nuisance per se, and less than that number is a nuisance only upon proof of the same being a nuisance. "In other words, it is our opinion that the borough council, in the exercise of its police power may not unreasonably and arbitrarily prohibit things which were not nuisances at common law, and their declaration in an ordinance that a thing is a public nuisance does not make it so, if it is not a nuisance in fact . . ."

Commonwealth v. Duncan This case deals specifically with the issue of whether or not the emergency aid exception to the warrant requirement of the Fourth Amendment extends to police action undertaken to render emergency assistance to animals. In this particular case, police officers were called to defendant’s property after a neighbor reported that two of defendant’s dogs were deceased and a third dog looked emaciated after being left outside in inclement weather. After showing up to the defendant’s home, police contacted animal control who immediately took custody of all three dogs, despite defendant not being present. The court held that the emergency aid exception did apply to the emergency assistance of animals because it is consistent with public policy that is “in favor of minimizing animal suffering in a wide variety of contexts.” Ultimately, the court determined that the emergency aid exception could be applied to emergency assistance of animals if an officer has an “objectively reasonable basis to believe that there may be an animal inside [the home] who is injured or in imminent danger of physical harm.” The matter was remanded to the District Court for further proceedings consistent with this opinion.

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