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Balch v. Newberry |
In this Oklahoma case, plaintiff purchased a pointer dog for a payment of $800 cash, whom he purchased for breeding purposes. Plaintiff alleged, that for several years prior to March 24, 1947, defendant was engaged in the business of breeding and selling thoroughbred pointer bird dogs at Tulsa, Oklahoma, and that plaintiff had for many years been engaged in the business of operating kennels. In affirming the judgment for plaintiff, the court held that the purchase of a dog with the knowledge of the seller that it is bought exclusively for breeding purposes gives rise to a warranty of fitness for such purpose where the buyer relies upon the seller's skill and judgment that the dog is fit for such purpose. Where a sale of highly bred stud dog for breeding purposes is rescinded for breach of an implied warranty, because of sterility, the purchaser can recover what he paid under the contract and expenses necessarily incident to caring for the dog but he cannot, in addition, recover damages for the breach of the implied warranty of the dog's usefulness for breeding purposes.
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Carver v. Ford |
The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth. The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.
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Detailed Discussion of Oklahoma Great Ape Laws |
The following article discusses Great Ape law in Oklahoma.Oklahoma does not have a law specifically addressing great apes; instead, it is unlawful for an individual to possess a great ape in the state of Oklahoma under the state’s endangered species law.Great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. Unlike many other states, the law does not exempt scientific research facilities from its provisions. |
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Edmondson v. Oklahoma |
Petitioners sought relief from a temporary injunction for the Respondents, which prevented petitioners from enforcing the statute banning cockfighting. The Supreme Court assumed original jurisdiction and held that the statute did not violate the Oklahoma State Constitution, and was not unconstitutionally overbroad. Relief granted for petitioners.
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Hampton v.Hammons |
The five-year-old child hopped a fence, which was in disrepair, into his neighbor's yard to retrieve a ball. As he was trying to leave, he was severely bitten by a pit bull that the neighbor was keeping for his son. In reversing the judgment in part, the court held that the keeping of a pit bull might be a violation of Tulsa, Okla., Rev. Ordinances tit. 2, ch. 1, § (2)(d) (1973), so the child's negligence per se theory was actionable. The court held that the neighbor was the dog's owner as a matter of law under the dog-bite statute, Okla. Stat. tit. 4. sec. 42.1 (1981).
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Hass v. Money |
While the Moneys (Defendants) were on vacation, they boarded their dog at Peppertree Animal Clinic (Peppertree). On June 16, 1990, Julie Hass (Plaintiff), an employee of Peppertree, was bitten by the dog while walking him. The Court reverses the Defendants' summary judgment and remands to the trial court because the dog bite statute applies a strict liability standard and that the owner of a dog is only the person who has legal right to the dog.
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Maloney v. State |
The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to
Okla.
Stat. tit. 21, §
1685
(1971) and fined defendant. Defendant appealed. On appeal, the court held that
Okla.
Stat. tit. 21, §
1682
(1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.
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Marshall v. City of Tulsa |
This Oklahoma case centers around a pit bull named Julian, who was being fostered from Tulsa Animal Welfare, a department within the City of Tulsa. The foster went on vacation and left the dog with a pet-sitter named Sarah Marshall. The foster of the dog was under contract with Tulsa Animal Welfare to provide care, but was informed that the dog could be removed at any time and she was not allowed to have others care for the dog without prior approval. The foster needed to go out of town and attempted to contact the Foster Coordinator who did not respond. Ultimately, the foster hired Marshall from Rover.com to care for the dog over the weekend. The dog arrived at Marshall's home and was placed with five other dogs. This caused a fight to break out and Marshall's hand was bitten and fractured in the process of breaking up the fight. Approximately six months later, Marshall sued the City of Tulsa alleging strict liability, common law negligence, and negligence per se. The City filed a motion for summary judgment claiming that Marshall was the owner of the dog at the time of the bite and the trial court granted the City's motion, finding Marshall was an “owner” of dog and could not recover under 4 O.S. § 42.1 and the City did not owe a duty to Marshall. Marshall then filed the instant appeal, alleging that she was not an owner of Julian but only a temporary boarder and that City has the legal right of possession of Julian. This court disagreed, finding that the Tulsa ordinance's definition of "owner" applied to Marshall because she was responsible for Julian's care and maintenance at the time. This does not conflict with state law, as state law contemplates a dog having more than one owner. With regard to Marshall's common law negligence claim, the Court found that the City did not owe Marshall a duty because she was not a foreseeable plaintiff. Merely residing in city limits does not automatically make her a foreseeable plaintiff nor did the City's failure to perform a formal behavior evaluation on Julian. In addition, Marshall was not a foreseeable plaintiff from the foster's placement of Julian with her. In fact, the foster's placement of Julian with Marshall violated the Foster Agreement. The trial court's granting of summary judgment and denial of Marshall's motion for partial summary judgement was affirmed. |
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McConnell v. Oklahoma Gas & Elec. Co. |
In this Oklahoma case, defendant gas company left the plaintiff's yard gate open through which the plaintiff's dog escaped and was then hit by a car. In finding that the gate being left open was the proximate cause of the injury, the court held that the allegations in plaintiffs' amended petition, stated a cause of action and that the trial court erred in sustaining defendant's general demurrer to the petition.
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OK - Assistance Animals - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
