United States

Summary:

Petitioner harness race-horse driver was suspended by the New York State Racing and Wagering Board, Harness Racing Division for 15 days for failing to drive his horse to the finish. The driver argued that whipping the horse had not improved his performance. Considering that the horse had equaled his best time, and had lost by only two feet, and that it would have been a violation of the New York anti-cruelty law (Agriculture and Markets Law ( § 353) to overdrive the horse, the court overturned the suspension.

Summary:

This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal."

Summary:

This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog.  While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole.  While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.

Summary:

In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309.

Summary:

Plaintiff sued for mental suffering after she discovered a dead cat in the casket that was meant for her dead dog in an elaborate funeral for the dog.  In ruling that the plaintiff was entitled to damages beyond market value for this actionable tort, the court found that plaintiff Ms. Corso did suffer shock, mental anguish and despondency due to the wrongful destruction and loss of the dog's body.  The court specifically distinguished a pet from other sentimental inanimate objects as they are not capable of returning love and affection.

Summary:

Plaintiffs sought damages after having to slaughter dairy cows that were injured by defendant’s defective machine. The Court held that plaintiffs could recover 1) the fair market value less salvage value of the cows, 2) the loss of profit during the period after the incident when cows of comparable quality became available on the market, and 3) the calculable loss in milk production caused by the incident's negative impact on the milk production level of the remaining cows.

Summary:

In this New York case, the plaintiffs, organizations concerned with the treatment of animals in the New York City zoos, sought injunctive and declaratory relief against city officials who were charged with operating the zoos. Due to a citywide fiscal crisis, the City had to make “Draconian” choices with its human and animal charges, according to the court. In granting a motion to dismiss, this court declined to accept the responsibility for matters that it found to be administrative in nature.

Summary:

The defendant was properly convicted of cruelty when a horse in his custody and care had to be destroyed due to malnutrition. The defendant was in charge of feeding the gelding, and was aware of his loss of weight. He knew the diet was inadequate but failed to provide more food. The defendant was guilty of violating Agriculture and Markets Law § 353 for failing to provide proper sustenance to the horse. 

Summary:

A parrot flew away from its original owner, was found and adopted by the plaintiff, and subsequently seized by the ASPCA for return to the original owner. The finder-plaintiff brought an action of replevin to recover possession of the parrot. The court found that the bird found was the same as the one lost and it did not extinguish the original owner's right to possession by reverting to a wild state.

Summary:

Plaintiff Jon Hammer is the owner of a pure-bred Brittany Spaniel which has a natural, undocked tail approximately ten (10) inches long.  He contends that tail docking is a form of animal cruelty, and that the practical effect of defendant American Kennel Club's tail standards for Brittany Spaniels is to effectively exclude his dog from meaningfully competing shows unless he complies with what he perceives as an unfair and discriminatory practice.  Specifically, his amended complaint seeks a declaratory judgment that the complained-of standard (1) unlawfully discriminates against plaintiff by effectively precluding him from entering his dog in breed competitions, (2) is arbitrary and capricious, (3) violates Agriculture and Markets Law § 353, and (4) is null and void as in derogation of law; he further seeks an injunction prohibiting defendants from applying, enforcing or utilizing the standard.  The court held that plaintiff lacked standing to obtain any of the civil remedies he sought for the alleged violation of Agriculture and Markets Law Section 353.  The Legislature's inclusion of a complete scheme for enforcement of its provisions precludes the possibility that it intended enforcement by private individuals as well.  The dissent disagreed with the majority's standing analysis, finding that plaintiff's object is not to privately enforce § 353, insofar as seeking to have the defendants' prosecuted for cruelty.  Rather, plaintiff was seeking a declaration that the AKC's standard for judging the Brittany Spaniel deprives him of a benefit of membership on the basis of his unwillingness to violate a state law and, thus, he wanted to enjoin defendants from enforcing that standard against him.  The dissent found that whether tail docking for purely cosmetic reasons violates § 353 is solely a question of law and entirely appropriate for a declaratory judgment.  Cosmetic docking of tails was wholly unjustifiable under the law in the dissent's eyes.  While plaintiff pointed out that docking may serve some purposes for hunting dogs, it is not a justification for docking the tails of non-hunting dogs, such as plaintiff's, for purposes of AKC competitions.