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Kintner v. Claverack Rural Elec. Co-op., Inc. |
A dairy farmer sued electric utility for trespass and damages after 14 cows were electrocuted by downed power lines. The Superior Court held that the dairy farmer was not entitled to loss-of-use damages because he chose to replace the electrocuted cows by raising others from his herd rather than by immediately buying mature milk-producing cows.
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Kitchin ex rel. Kitchin v. Halifax County |
In this North Carolina case, defendant dog owners appealed from a decision of the County Board of Health that ruled their dog could not be returned home because of the dog's potential exposure to rabies as result of attacking a raccoon (the dog was scheduled for euthanization). After the Board denied the owners' appeal, they filed a complaint against county which contained motions for preliminary and permanent injunctions to prevent dog's quarantine and for class certification. The Court of Appeals held that the owners' appeal of Board's decision to quarantine dog was moot because dog had already been returned home. The action against the animal control officers was dismissed because the officers were shielded by governmental immunity.
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Kleppe v. New Mexico |
The state of New Mexico challenged the constitutionality of the Wild Free-Roaming Horses and Burros Act after they were ordered by the U.S. government to recover several wild horses they had rounded up from public lands within their state and sold at auction in violation of the WFRHBA. The Supreme Court upheld the Act, finding it to be a valid exercise of federal power under the Article IV Property Clause of, which gave Congress the power to protect wildlife on state lands, state law notwithstanding.
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Klitzka ex rel. Teutonico v. Hellios |
In this Illinois case, the Appellate Court considered, as a matter of first impression, under what circumstances does a landlord owe a duty of care to his tenant's invitees to prevent injury from an attack by an animal kept by the tenant on the leased premises? A minor invitee (Alexus) of the tenants was bitten by tenants' dog and brought a negligence action against residential landlords. It was undisputed that the tenants held exclusive control over the premises and paid $700 a month in rent to the landlords. The Appellate Court held that even if landlords knew tenants' dog was dangerous, the landlords had no duty to protect the tenants' invitee because landlords retained no control over the leased premises where injury occurred. "Here, the tenants' affirmative conduct of bringing the dog into the living space of the home, an area over which the landlords had no control, is what might have been the proximate cause of Alexus' injuries."
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Klobnak v. Wildwood Hills, Inc. |
Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway. The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming. The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists.
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Knapp v. U.S. Dept. of Agriculture |
The United States Secretary of Agriculture (“Secretary”) fined Petitioner $395,900 after finding that he bought and sold regulated animals without a license, in violation of the Animal Welfare Act (“AWA”) and implementing regulations. In his petition for review, Petitioner argued that his activities were lawful, and that the Secretary abused its discretion in its choice of sanction. The petition was granted and denied in part. |
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Knaust v. Digesualdo |
Appellant operated a USDA-licensed exotic animal business in Texas. In February 2010, a United States Department of Agriculture (“USDA”) Animal and Plant Health Inspection Service agent visited the business on a routine inspection and cited Appellant for several USDA regulation violations. After several subsequent inspections, several other violations were discovered and Appellant was presented with a Notice of Intent to Confiscate Animals. The next day, the animals were confiscated. Using Bivens, Appellant argued the agents violated her Fifth Amendment Due Process rights by (1) seizing her property without providing a method for challenging the seizure and (2) not allowing sufficient time to cure the cited violations prior to seizing her property. The district court granted Defendants' motion to dismiss for failure to state a claim. On appeal, the 9th Circuit affirmed the district court’s decision because the Appellant failed to assert factual allegations showing how each defendant, by his or her own individual acts, violated her constitutional rights.
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Knowles Animal Hospital, Inc. v. Wills |
Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property.
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Knox v. Massachusetts Soc. for Prevention of Cruelty to Animals |
In this Massachusetts case, the plaintiff, a concessionaire at the Brockton Fair intended to award goldfish as a prize in a game of chance. The defendant, Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), asserted that such conduct would violate G.L. c. 272, s 80F. In the action for declaratory relief, the court considered whether the term "animal" in the statute includes goldfish. The court concluded in the affirmative that, "in interpreting this humane statute designed to protect animals subject to possible neglect by prizewinners," former G.L. c. 272, s 80F applies to goldfish.
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Koester v. VCA Animal Hosp. |
Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog after negligent treatment by defendant animal hospital killed his dog. The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage. Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy.
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