18 0. D ef i n i t ion s .
The American Society for the prevention of cruelty to animals.
Section 180. Definitions.
Subd. 1 - The words "bird or animal" held to embrace "game cocks." People v. Klock, 48 Hun 275 (1888).
Subd. 2 embraces the infliction of cruelty by any willful means, but does not include horseshoeing. People v. Beattle, 96 App. Div. 383, 89 (1904).
Administering poison is cruelty to animals. People ex rel. Knatt v. Davy, 33 N.Y. Supp. 106 (1893).
Subd. 3 - People v. Clipperly, 37 Hun 3169, affd. 101 N.Y. 634 (1885).
Application of section. - Overdriving is a misdemeanor. Rutheford v. Kranse 8 Misc. 547, 29 N.Y. Supp 787 (1894). And so is the pulling out of a horse's tongue. People v. Theobold, 92 Hun 182, 36 N.Y. Supp. 498 (1895).
The use of a "treadmill" is lawful, but abuse while so employed, whenever it amount to cruelty, is a misdemeanor. People ex rel. Walker v. Special Sessions, 4 Hun 441 (1875); see Warner c. Perry, 14 Hun 337 (1878).
Guilt question of fact - The guilt of a person accused of this crime is a question of fact for the jury. Davis v. American Society, etc., 75 N.Y. 362 (1878).
Constitutionality of section. - See Fisher v. Clark, 41 Barb, 329 (1863).
Mixing poison with salt and scattering the same in another person's pasture comes with this section. People v. Knott, 156 N.Y. 304 (1898).
Violation of section. - Transporting cattle for thirty-five hours without unloading, thereby causing the death of one of them, is a violation of this section. Galloway v. Erie R.R. Co., 107 App. Div 210 95 N.Y. Supp. 17 (1905)
In an action for damages for failure to deliver cars for transportation of stock, the objection was that the contract was in violation of this section cannot be raised for the first time on appeal. Hastings v. New York, O. & W. Ry. Co., 6 N.Y. Supp 836 (1889)
Constitutionality. - A statute, so far as it requires an owner of a dog to pay a license fee to a corporation for its own use, is unconstitutional under the limitations of art. 8 of the Constitution. Fox v. Mohawk & H.R. Humane Society, 165 N.Y. 517, affg. 25 App. Div. 26, 48 N.Y. Supp. 625 (1898), and revg. 20 Misc. 467, 46 N.Y. Supp. 232 (1897).