Summary:
Horseback rider was bitten during a trail ride and brought suit in personal injury. After removal to Federal Court, the Court held that Hawaii's recreational activity liability statute was applicable and that summary judgment was not appropriate. Motion for summary judgment denied.
Summary:
The plaintiff was convicted under an Oklahoma anti-cruelty statute after officer seized his malnourished and neglected horses. Later, plaintiff brought suit against the officers under 42 U.S.C 1983 claiming that the officers had violated his Fourth Amendment rights under the United States Constitution. The court dismissed the plaintiff's claim after it determined that a horse corral near a home was not protected by the Fourth Amendment where the area was used for pastureland and the fence enclosing the area did not and was not intended to prevent the public from viewing the area.
Summary:
In this Delaware case, the plaintiff brought an action against the defendant to recover damages for the death of plaintiff's horse, alleged to have been caused by the negligent driving by the defendant of his team. This resulted in a head-on collision, which caused the death of the horse days after. The jury found in favor of the plaintiff. On appeal, the court held that if the jury believed from the evidence presented that the defendant was driving without ordinary care, the verdict should stand for the plaintiff.
Summary:
Fifteen horses were seized by the Society for the Prevention of Cruelty to Animals (SPCA) because the animals were in poor condition. The SPCA sent bills to the owners for feeding, upkeep, and veterinary care, but the owners did not pay the bills. After 30 days of nonpayment, the SPCA became the owners of the horses, and the prior owners were not entitled to get the horses back.
Summary:
Plaintiff's action results from defendant's alleged negligence in blowing the train whistle in a excessive manner such that it cause plaintiff's horses to run away with the plaintiff's carriage. There was judgment for plaintiff in a less sum than he thought he was entitled to, and both parties appeal. In reversing the lower court's decision, this court found that the lessened market value of the horses in consequence of the runaway was a proximate and legitimate element of damage.
Summary:
Minor sued farmer horse-owner for negligence after farmer's horse bit him. The Appellate Court reversed summary judgment, holding that a fact issue remained as to whether the farmer had notice that the horse belonged to a class of domestic animals that possessed a natural propensity to bite. Such knowledge may make certain injuries foreseeable, giving rise to a duty to use reasonable care to restrain the animal to prevent injury.
Summary:
Defendant's horses were seized on December 14, 2005 pursuant to a search and seizure warrant signed by the court. The warrant was sought, in part, on affidavits that alleged possible violations of the Cruelty to Animals statutory provisions. Defendant Rowley filed the instant motion to dismiss for lack of subject matter jurisdiction arguing that the court lacks jurisdiction because the state has failed to comply with the provisions of § 22-329a and because the search and seizure warrant is invalid. Specifically, defendant maintains that the phrase in subsection (a) authorizing the chief animal control officer to "lawfully take charge of any animal found neglected or cruelly treated" merely allows the officer to enter the owner's property to care for the animal, but does not authorize seizure of the animal without a prior judicial determination. This court rejected Rowley's interpretation of the phrase "lawfully take charge." The court found that, as a practical matter, it is inconceivable that animal control officers, having found animals that are neglected or cruelly treated, would then leave them at the property.
Summary:
Summary:
In this Colorado case, an inexperienced horse rider who was injured in fall from horse during a horse roundup, brought an action under the Colorado Equine Activities Statute against the owners of riding stable. The lower court, after a jury trial, entered a judgment for the stable owners. On appeal at the Supreme Court, the Court found that the Equine Statute places a two-pronged duty on sponsors; a sponsor is liable when he or she fails to make reasonable efforts to determine either a participant's ability to engage in the equine activity or a participant's ability to manage a particular horse. Here, a new trial was in order because the result may have been different if court had properly instructed the jury regarding the exception from civil liability for the sponsor.
Summary:
Plaintiffs sued defendants to recover value of a horse that was wrongfully taken from them. The Court held that evidence was admissible to establish the value of the horse at the time of the wrongful taking to fix the damages amount. The peculiar value of the horse as a sire was established by evidence as to the horse’s racing history and to its progeny’s character and racing ability. Owners were entitled to recover damages for the reasonable value of the horse’s use during the period they were wrongfully deprived of it.
