Historical

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Our Dumb Animals Vol 20 No.3


This is a magazine published by the Massachusetts Society for the Prevention of Cruelty to Animals. It is a mixture of articles, humor, poems and information, not unlike the Reader's Digest format of today. It is reflective of a softer, gentler era.
Overview of Historical Materials


This article provides a quick overview of the historical materials available through the Web Center
PARKER v. MISE


In

Parker v. Miser

, 27 Ala. 480 (Ala. 1855), the court recognized that at common law, an action existed for the conversion or injury to property, and acknowledged dogs as property. The court went on to note that some amount of nominal damage existed for the wrongful killing of an animal, even in the absence of a precise amount. Where the killing of the animal was done in reckless disregard, a plaintiff could seek punitive damages.
Pennsylvania Law of Session of 1860: Cruelty to Animals Section 46 of Pennsylvania Session Law from 1860 covers cruelty to animals. The section describes what is cruelty to animal and the punishment for it.
Pennsylvania Statute Law 1920: Article 14: Criminal Law Pennsylvania laws concerning the criminal punishment for cruelty to animals from 1921. The laws cover such topics as transportation of an animal to the powers of an agent from any anti-Cruelty society.
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.
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.
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. 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
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.

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