United States

Ash v. State

Summary: <p> <span> Police raided defendant's home and found an area converted into an arena for dog fighting. Defendant was&nbsp;found guilty&nbsp;&nbsp;of promoting or engaging in dog fighting or possessing a dog for that purpose. On appeal, the court found that the based on the&nbsp;evidence&nbsp;a jury could have reasonably concluded that defendant was aware that on property owned by her and her husband an arena had been built for the purpose of clandestine dog fighting and that she was aware it was so being used. </span> </p>

Police raided defendant's home and found an area converted into an arena for dog fighting. Defendant was found guilty  of promoting or engaging in dog fighting or possessing a dog for that purpose. On appeal, the court found that the based on the evidence a jury could have reasonably concluded that defendant was aware that on property owned by her and her husband an arena had been built for the purpose of clandestine dog fighting and that she was aware it was so being used.

McDANIEL v. JOHNSON

Summary: <p> In this Arkansas case, a neighbor intentionally shot and killed the plaintiff&rsquo;s pointer bird dog. The defendant neighbor admitted to intentionally killing the dog to protect his property (to wit, cattle). In affirming an award of actual and punitive damages, the court held that punitive damages were available where the defendant acted in a willful, malicious, and wanton manner. </p>

In this Arkansas case, a neighbor intentionally shot and killed the plaintiff’s pointer bird dog. The defendant neighbor admitted to intentionally killing the dog to protect his property (to wit, cattle). In affirming an award of actual and punitive damages, the court held that punitive damages were available where the defendant acted in a willful, malicious, and wanton manner.

Kankey v. State

Summary: <p> A district court found the appellant&rsquo;s animals had been lawfully seized, and then divested appellant of ownership of the animals and vested custody to the American Society for Prevention of Cruelty to Animals (ASPCA). The appellant filed an appeal in the civil division of the circuit court, but the circuit court dismissed the appeal as untimely and not properly perfected. Upon another appeal, the Arkansas Court of Appeals found it had no jurisdiction and therefore dismissed the case. </p>

A district court found the appellant’s animals had been lawfully seized, and then divested appellant of ownership of the animals and vested custody to the American Society for Prevention of Cruelty to Animals (ASPCA). The appellant filed an appeal in the civil division of the circuit court, but the circuit court dismissed the appeal as untimely and not properly perfected. Upon another appeal, the Arkansas Court of Appeals found it had no jurisdiction and therefore dismissed the case.

Whitman v. State

Summary: <p class="" css=""> Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside. </p>

Appellant was tried by a jury and found guilty of four counts of cruelty to animals concerning four Arabian horses. On appeal, appellant raised a sufficiency of the evidence challenge and a Rule 404(b) challenge to the admission of testimony and pictures concerning the condition of appellant's dogs and her house. The court found the photographic evidence was admissible for purposes other than to prove appellant's character, e.g., to show her knowledge of neglect of animals within her house, and thereby the absence of mistake or accident concerning the horses that lived outside.

McAdams v. Faulk (unpublished)

Summary: <p> Dog owner brought dog to veterinarian&rsquo;s office where someone choked the dog, causing injuries that led to its death. The Court of Appeals held that the owner stated a veterinary malpractice claim against veterinarian because owner alleged that dog was choked while in veterinarian's care, that veterinarian failed to diagnose neck injury that proved fatal, performed unnecessary treatment out of greed, and refused to provide owner with medical explanation of dog's condition and death, all in violation of the veterinary licensing statute. The Court also held that violating the cruelty to animals statute was evidence of negligence, and that damages included economic loss, compensation for mental anguish, including future anguish. and punitive damages. </p>

Dog owner brought dog to veterinarian’s office where someone choked the dog, causing injuries that led to its death. The Court of Appeals held that the owner stated a veterinary malpractice claim against veterinarian because owner alleged that dog was choked while in veterinarian's care, that veterinarian failed to diagnose neck injury that proved fatal, performed unnecessary treatment out of greed, and refused to provide owner with medical explanation of dog's condition and death, all in violation of the veterinary licensing statute. The Court also held that violating the cruelty to animals statute was evidence of negligence, and that damages included economic loss, compensation for mental anguish, including future anguish. and punitive damages.

Free v. Jordan

Summary: <p> In a replevin action to recover possession of a lost dog from its finder, the court reversed and remanded the case so a jury could determine whether the statute of limitations was tolled due to the defendant's alleged fraudulent concealment of his possession of the dog. </p>

In a replevin action to recover possession of a lost dog from its finder, the court reversed and remanded the case so a jury could determine whether the statute of limitations was tolled due to the defendant's alleged fraudulent concealment of his possession of the dog.

Strahan v. Linnon

Summary: <p> Coast Guard vessels struck and killed Northern Right whales. Plaintiffs claim that these incidents constitute takings in violation of the ESA and MMPA. Court holds that the Coast Guard could implement reasonable and prudent alternatives that would reduce the striking of whales. </p>

Coast Guard vessels struck and killed Northern Right whales. Plaintiffs claim that these incidents constitute takings in violation of the ESA and MMPA. Court holds that the Coast Guard could implement reasonable and prudent alternatives that would reduce the striking of whales.

Scott v. Donkel

Summary: <p> In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord.&nbsp; The attack occurred off the rented premises in the public street. <span> &nbsp;&nbsp; </span> The action was based upon negligence, that is, a failure to protect against a dangerous condition. <span> &nbsp; </span> The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity. <span> &nbsp; </span> The court did not find a duty to inspect the premises and discover this information.&nbsp; The court did not reach the point that the attack occurred off the premises.&nbsp; The granting of the motion for summary judgment for the landlord was upheld. </p>

In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord.  The attack occurred off the rented premises in the public street.    The action was based upon negligence, that is, a failure to protect against a dangerous condition.   The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity.   The court did not find a duty to inspect the premises and discover this information.  The court did not reach the point that the attack occurred off the premises.  The granting of the motion for summary judgment for the landlord was upheld.

Birmingham Humane Society v. Dickson

Summary: <p> The owner of a lost dog found the dog in an animal shelter and asked for its return. The shelter gave it back but sterilized it first despite the owner's wishes that it not be sterilized. The court held the shelter owed a duty to give the dog back without sterilizing it and affirmed a finding of negligence. </p>

The owner of a lost dog found the dog in an animal shelter and asked for its return. The shelter gave it back but sterilized it first despite the owner's wishes that it not be sterilized. The court held the shelter owed a duty to give the dog back without sterilizing it and affirmed a finding of negligence.

Williams v. Hill

Summary: <p> In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages.&nbsp;The Circuit Court, Elmore County granted defendant's motion for summary judgment and the&nbsp;motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars. <span> &nbsp; </span> &ldquo;We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.&rdquo; </p>

In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars.   “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.”