Historical

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State v. Avery


The Defedant was convicted of the charge of cruelty to animals for the beating of his own horse.  The Defendant appealed this descision to the Supreme Court of New Hampshire on two grounds.  First, the lower court failed to instructe the jury that intoxication was a defense to the charge.  Second, the lower court instructed the jury that the beating of an animal for training may at some point become malicious and illegal under that statute.  The Court held the lower court was not in error and affirmed the decision.
Spray v. Ammerman


This was an action brought by appellant, before a justice of the peace, against appellee, to recover damages for killing a dog owned by appellant. The court here reversed the judgment, and remanded the case to determine recovery of damages based on the qualities, traits, consequential losses, and the market price of the animal at issue. 
Roos v. Loeser


This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.
Riddle of the Nineteenth Century: Mr. Henry Bergh


A short article about the person of Henry Bergh who started the ASPCA and the adoption of first of the modern anti-cruelty laws.
Rhode Island Public Laws 1857-1872: Chapter 912: An act for the prevention of cruelty to animals. A collection of the laws concerning cruelty to animals from Rhode Island for the years 1857-1872. The act covers such topics as bird fighting, cruelty to animals, enforcement of the act, and procedural issues concerning the act.
Republic v. Teischer


The Defendant had been convicted in the county of Berks upon an indictment for maliciously, wilfully, and wickedly killing a Horse; and upon a motion in arrest of Judgment, it came on to be argued, whether the offence, so laid, was indictable? The court affirmed the trial court's conviction of defendant for killing a horse.
People v. Tinsdale


This case represents one of the first prosecutions by Mr. Bergh of the ASPCA under the new New York anti-cruelty law. That this case dealt with the issue of overloading a horse car is appropriate as it was one of the most visible examples of animal abuse of the time. This case establishes the legal proposition that the conductor and driver of a horse car will be liable for violations of the law regardless of company policy or orders.Discussed in Favre, History of Cruelty
People v. Koogan


Defendant was guilty of cruelty to animals for allowing a horse to be worked he knew was in poor condition.
People v. Bootman


This is one of the first cases to construe the issue of interstate commerce with regard to state game laws and the Lacey Act.  Defendant purchased game birds that were killed outside of New York and brought them into the state when it was lawful to possess them.  The court stated it was required by the rule of stare decisis to hold that the Legislature did not intend to make criminal the possession during the closed season of game killed and brought here during the open season.  The court notes that the passage of the New York legislation occurred three months before the passage of the Lacey, thus having no effect.  The court does go on to note the Legislature has now made it clear that it is well within state police power to regulate wildlife.
Pennsylvania Statute Laws 1920: Article 16: Agriculture Laws Pennsylvania laws concerning the treatment of animals in agriculture. The laws cover such topics as maiming and disfiguring animals to the transportation of an animal.

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