Connecticut

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Connecticut General Statutes 1918: Chapter 96: Sections 1879-1886

Summary: Sections 1879-1886 of Chapter 96 from the 1918 General Laws of Connecticut covers in general the Humane Society for Connecticut.  Specifically, the sections cover the following topics: the powers of an agent from the society, the definition of an animal, and funding of the society.

Sections 1879-1886 of Chapter 96 from the 1918 General Laws of Connecticut covers in general the Humane Society for Connecticut.  Specifically, the sections cover the following topics: the powers of an agent from the society, the definition of an animal, and funding of the society.

CT - Oxford - Title IX: General Regulations (Chapter 92: Right to Farm)

Summary: According to Oxford, Connecticut's Right to Farm ordinances, quoting Conn. Gen. Stat. § 19a-341, an agricultural or farming operation shall not be deemed a public or private nuisance due to odor emanating from livestock or manure, or due to water pollution caused by livestock. Under these ordinances, a landowner or agent who fails to disclose that a buyer or tenant is about to acquire or occupy property in a town where farming activities occur shall be fined $100. These ordinances also contain exceptions to the nuisance provision, as well as provide a resolution process for any person who seeks to complain about a farm’s operations.  

According to Oxford, Connecticut's Right to Farm ordinances, quoting Conn. Gen. Stat. § 19a-341, an agricultural or farming operation shall not be deemed a public or private nuisance due to odor emanating from livestock or manure, or due to water pollution caused by livestock. Under these ordinances, a landowner or agent who fails to disclose that a buyer or tenant is about to acquire or occupy property in a town where farming activities occur shall be fined $100. These ordinances also contain exceptions to the nuisance provision, as well as provide a resolution process for any person who seeks to complain about a farm’s operations.  

Brockett v. Abbe

Summary: Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow.  The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.

Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow.  The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.

BROWN v. TOWN OF SOUTHBURY

Summary: This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.

This Connecticut decision in 1885 held consequential losses as a result of the harm to an animal (a horse) to be a proper element of damages in addition to the fair market value of the animal. Specifically, the court applied fair market value, but disallowed consequential damages for lost profits where plaintiff failed to show an effort to mitigate such damages.

Allen v. Cox

Summary: The plaintiff (Allen) brought this action against the defendants (Jessica Cox and Daniel Cox) alleging that she was injured by the defendants' cat after the defendants negligently allowed the cat to roam free. The trial court rendered summary judgment for the defendants. Relying mainly on the Restatement (Second), this court held that when a cat has a propensity to attack other cats, knowledge of that propensity may render the owner liable for injuries to people that foreseeably result from such behavior. 

The plaintiff (Allen) brought this action against the defendants (Jessica Cox and Daniel Cox) alleging that she was injured by the defendants' cat after the defendants negligently allowed the cat to roam free. The trial court rendered summary judgment for the defendants. Relying mainly on the Restatement (Second), this court held that when a cat has a propensity to attack other cats, knowledge of that propensity may render the owner liable for injuries to people that foreseeably result from such behavior. 

Animal Rights Front, Inc. v. Jacques

Summary: An environmental nonprofit organization sought an injunction to prevent a housing development from being constructed.  The nonprofit organization claimed the development was in violation of the Connecticut Endangered Species Act because it would destroy the habitat of an endangered rattlesnake.  The trial court held the development was lawful and the Court of Appeals affirmed.

An environmental nonprofit organization sought an injunction to prevent a housing development from being constructed.  The nonprofit organization claimed the development was in violation of the Connecticut Endangered Species Act because it would destroy the habitat of an endangered rattlesnake.  The trial court held the development was lawful and the Court of Appeals affirmed.

State v. DeFrancesco

Summary: After the USDA went to the defendant’s house to perform a prelicense inspection for an Animal Welfare Act permit for a rabbit, the USDA discovered the defendant also kept a Bengal cat, a Jungle cat and a Bobcat on the premises; the USDA then notified the Connecticut Department of Environmental Protection (DEP) about the three cats. After the defendant’s attempt to sell the three cats, the DEP confiscated them and placed them in the care of an expert; the DEP also charged the defendant with three misdemeanor violations of General Statutes section 26-40a. After trial and appellate court determinations, the Connecticut Supreme Court found the three cats to be included on the list of prohibited felidae in General Statutes section 26-40a and found General Statutes section 26-40a did not violate Due Process.

After the USDA went to the defendant’s house to perform a prelicense inspection for an Animal Welfare Act permit for a rabbit, the USDA discovered the defendant also kept a Bengal cat, a Jungle cat and a Bobcat on the premises; the USDA then notified the Connecticut Department of Environmental Protection (DEP) about the three cats. After the defendant’s attempt to sell the three cats, the DEP confiscated them and placed them in the care of an expert; the DEP also charged the defendant with three misdemeanor violations of General Statutes section 26-40a. After trial and appellate court determinations, the Connecticut Supreme Court found the three cats to be included on the list of prohibited felidae in General Statutes section 26-40a and found General Statutes section 26-40a did not violate Due Process.

FRITTS v. NEW YORK & N. E. R. CO.

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.

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.

State v. Smith

Summary: A defendant was charged and convicted of one count of permitting a dog to roam at large. Upon appeal, the defendant argued the statute he was convicted under was unconstitutionally vague and that he was convicted under insufficient evidence. Defendant contended that simply having his dog off-leash did not mean that it was roaming at large and not under his control where the dog responded to verbal commands. The court rejected both of defendant's arguments, finding that the plain language of the statute clearly prohibits an owner allowing a dog to move freely on another's property unrestrained and not under the owner's direct influence.

A defendant was charged and convicted of one count of permitting a dog to roam at large. Upon appeal, the defendant argued the statute he was convicted under was unconstitutionally vague and that he was convicted under insufficient evidence. Defendant contended that simply having his dog off-leash did not mean that it was roaming at large and not under his control where the dog responded to verbal commands. The court rejected both of defendant's arguments, finding that the plain language of the statute clearly prohibits an owner allowing a dog to move freely on another's property unrestrained and not under the owner's direct influence.

Vendrella v. Astriab Family Ltd. Partnership

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.

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.

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