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Barger v. Jimerson |
In order for liability to attach in an action for damages for personal injuries resulting from a dog attack, defendants had to have notice of the vicious propensities of their dog. Even though the dog had never attacked a person before, a natural fierceness or disposition to mischief was sufficient to classify the dog as "vicious." Finally, it is permissible for the jury to consider the loss of earning capacity of plaintiff resulting from the injuries as an element of damages.
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BURLINGTON & M.R.R.R. IN NEBRASKA v. CAMPBELL |
In
Burlington
& M.R.R.R. in Nebraska v. Cambell
, 14 Colo. App. 141 (Colo. Ct. App. 1899), plaintiff’s horse was killed by a train. Although the court reversed the verdict for the plaintiff for failure to prove defendant’s negligence, the court allowed witness testimony on the market value of the mare.
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Caswell v. People |
This case concerns several charges of animal cruelty against petitioner Caswell. A welfare check was conducted by a deputy at the Lincoln County Sheriff’s office in response to a report on Ms. Caswell. After two welfare checks were conducted, the deputies executed a search warrant at the Caswell residence, resulting in the seizure of sixty animals. These animals lacked sufficient food or water, were kept in enclosed spaces filled with feces and urine, and many of the animals were underweight or had untreated medical problems. Respondent, the People of the State of Colorado, charged Ms. Caswell with forty-three class six counts of cruelty to animals, which were charged as felonies because Ms. Caswell had prior convictions of misdemeanor animal cruelty on her record. The jury found Caswell guilty of all forty-three counts and sentenced her to eight years of probation, forty-three days in jail, and forty-seven days of in-home detention. An appeal followed and the holding was affirmed. Petitioner filed for certiorari and the Supreme Court of Colorado granted. Here, petitioner argues that the use of her prior convictions for animal cruelty to enhance her charges to felonies violates the Sixth Amendment and article II of the Colorado Constitution. The court first considered whether the legislature meant to make the statutory provision used to enhance Caswell’s sentence as an element versus a sentence enhancer. The court here listed five factors to consider whether a fact is an element or sentencing factor: (1) the statute's language and structure, (2) tradition, (3) the risk of unfairness, (4) the severity of the sentence, and (5) the statute's legislative history. Four of these five factors signaled a legislative intent to designate it a sentence enhancer, so the court concluded that the legislature intended to designate the fact of prior convictions as a sentence enhancer rather than an element. The court also concluded that the sentence did not violate the Sixth Amendment or article II of the Colorado Constitution, and affirmed the holding of the lower court. |
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City and County of Denver, a Home Rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the |
In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it. |
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Clyncke v. Waneka |
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.
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CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and service animal laws. |
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CO - Aurora - Chapter 14 - ANIMALS |
The following comprises Aurora, Colorado's animal-related ordinances. In addition to the standard ordinances dealing with number restrictions, at-large animals, barking dogs, and licensing, the city has two important provisions. First, the city makes it unlawful to own, possess or keep any dog, rabbit, or cat over the age of 6 months that has not been spayed or neutered (subject to some exceptions). Second, it is unlawful for any person to have, own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull or restricted breed of dog. "Restricted breeds" include any American Bulldog (Old Country Bulldog), Dogo Argentino, Canary Dog (Canary Island Dog, Presa Canario, Perro De Presa Canario), Presa Mallorquin (Pero De Presa Mallorquin, Ca De Bou), Tosa Inu (Tosa Fighting Dog, Japanese Fighting Dog, Japanese Mastiff), Cane Corso (Cane Di Macellaio, Sicilian Branchiero), Fila Brasileiro or any dog displaying the majority of physical traits of any one or more of the above breeds. |
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CO - Circus - § 33-1-126. Prohibiting certain animals in a traveling animal act--short title--definitions |
The Traveling Animal Protection Act, effective in 2021, bans the use of several listed animals in performances and traveling animal acts. Among other listed families include members of the wild felidae (cat) family, marsupial family, nonhuman primate family, elephant family, and seal family. This law does not prohibit exhibition at a wildlife sanctuary, AZA accredited institution, certain environmental education programs, livestock exhibition including rodeos, use in films,and university usage done in compliance with the AWA. |
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CO - Commerce City - Breed - Chapter 4 - ANIMAL CODE. ARTICLE I. - GENERAL PROVISIONS. |
Commerce City defines a pit bull or pit bull terrier as any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, any dog displaying the majority of physical traits of any one (1) or more of the above breeds or any dog exhibiting those distinguishing characteristics that substantially conform to the standards established by the American Kennel Club (A.K.C.) or United Kennel Club (U.K.C.) for any of the above breeds. Commerce City has banned pit bulls with the exception of pit bulls who were in the city prior to November 2005.
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CO - Cruelty - Consolidated Cruelty/Animal Fighting Statutes |
This Colorado section contains the anti-cruelty and animal fighting laws. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal. A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. Cruelty to animals is a class 1 misdemeanor and aggravated cruelty or a second conviction of animal cruelty is class 6 felony. This section also prohibits animal fighting (not limited to certain species such as dogs or chickens). Violation of this law results in a class 5 felony. This section also makes it illegal to own a dangerous dog and "tamper" with livestock. |
