Kansas

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Wrinkle v. Norman

Summary: Wrinkle filed a negligence action against his neighbors (the Normans) after he sustained injuries on thier property. The injuries stemmed from an incident where Wrinkle was trying to herd cattle he thought belonged to the Normans back into a pen on the Normans' property. The lower court granted the Normans' motion for summary judgment. On appeal, this court found that the question comes down to Wrinkle's status (invitee, licensee, or trespasser) to determine the duty owed by the Normans. This Court found that the district court properly determined that Wrinkle was a trespasser. Finally, the court addressed the K.S.A. 47-123 claim as to whether the Normans are liable for their cattle running at large. The court found that Wrinkle could not meet the burden under the statute.

Wrinkle filed a negligence action against his neighbors (the Normans) after he sustained injuries on thier property. The injuries stemmed from an incident where Wrinkle was trying to herd cattle he thought belonged to the Normans back into a pen on the Normans' property. The lower court granted the Normans' motion for summary judgment. On appeal, this court found that the question comes down to Wrinkle's status (invitee, licensee, or trespasser) to determine the duty owed by the Normans. This Court found that the district court properly determined that Wrinkle was a trespasser. Finally, the court addressed the K.S.A. 47-123 claim as to whether the Normans are liable for their cattle running at large. The court found that Wrinkle could not meet the burden under the statute.

Webb v. Amtower

Summary: The court applied the forum's traditional lex loci conflict-of-laws rule to determine what jurisdiction's law governed for both damages and recovery of possession. The "place of injury" for the tort/damages issue was Kansas since that's where the contract was signed. The court remanded the case to determine the law of the place where the dog was found to determine the right-to-possession since that was a personal property issue.

The court applied the forum's traditional lex loci conflict-of-laws rule to determine what jurisdiction's law governed for both damages and recovery of possession. The "place of injury" for the tort/damages issue was Kansas since that's where the contract was signed. The court remanded the case to determine the law of the place where the dog was found to determine the right-to-possession since that was a personal property issue.

Burgess v. Shampooch Pet Industries, Inc.

Summary: This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog.  The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment.  The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure.  Specifically, the court held that  when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.

This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog.  The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment.  The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure.  Specifically, the court held that  when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.

State v. Hanson

Summary: Defendant's dogs were released by owner, resulting in their attack of a neighbor's dog and its subsequent death.  On appeal, the conviction was reversed for failure to show owner had knowledge of vicious propensity.

Defendant's dogs were released by owner, resulting in their attack of a neighbor's dog and its subsequent death.  On appeal, the conviction was reversed for failure to show owner had knowledge of vicious propensity.

McDonald v. Bauman

Summary: This is an action for damages, both actual and punitive, wherein the plaintiff seeks to recover for the defendant's willful, wanton, malicious and cruel conduct in coming onto the plaintiff's premises, in plaintiff's absence, and in shooting and wounding plaintiff's dog in the presence of plaintiff's wife without justification or excuse and without the acquiescence or condonation of the plaintiff or his wife. A jury in the lower court acted found in favor of the defendant and the plaintiff appealed. On appeal, the Supreme Court held that evidence that the defendant caught the dog in the act of injuring his hogs, and that the defendant was in hot pursuit of the dogs, was sufficient to support the jury's verdict.

This is an action for damages, both actual and punitive, wherein the plaintiff seeks to recover for the defendant's willful, wanton, malicious and cruel conduct in coming onto the plaintiff's premises, in plaintiff's absence, and in shooting and wounding plaintiff's dog in the presence of plaintiff's wife without justification or excuse and without the acquiescence or condonation of the plaintiff or his wife. A jury in the lower court acted found in favor of the defendant and the plaintiff appealed. On appeal, the Supreme Court held that evidence that the defendant caught the dog in the act of injuring his hogs, and that the defendant was in hot pursuit of the dogs, was sufficient to support the jury's verdict.

KS - Breeders - Article 25. Retail Breeders Facility Standards; Animal Health, Husbandry and Operational Standards

Summary: These Kansas regulations outline requirements for housing facilities for animals. Construction of the structure must protect animals from injury, contain the animals securely, and restrict other animals from entering. The regulations also provide for cleaning, sanitization, housekeeping, pest control. feeding, exercise, veterinary care, and record keeping.

These Kansas regulations outline requirements for housing facilities for animals. Construction of the structure must protect animals from injury, contain the animals securely, and restrict other animals from entering. The regulations also provide for cleaning, sanitization, housekeeping, pest control. feeding, exercise, veterinary care, and record keeping.

KS - Breeders - Article 24. Kennel Operators

Summary: These Kansas regulations require kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.

These Kansas regulations require kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.

KS - Breeders - Article 23. Hobby Kennel Operators

Summary: These Kansas regulations require hobby kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.

These Kansas regulations require hobby kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.

KS - Breeders and Pounds - Article 22. Animal Pounds and Shelters

Summary: This set of regulations establishes standards for the housing, care, and maintenance of animals in shelters, pounds, rescues, and foster homes. It also includes record keeping requirements for operators of those facilities.

This set of regulations establishes standards for the housing, care, and maintenance of animals in shelters, pounds, rescues, and foster homes. It also includes record keeping requirements for operators of those facilities.

KS - Research - Article 21. Animal Research Facility

Summary: This set of regulations establishes standards for the housing, care, and maintenance of animals in research facilities. It also includes record-keeping requirements for research facility operators.

This set of regulations establishes standards for the housing, care, and maintenance of animals in research facilities. It also includes record-keeping requirements for research facility operators.

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