Legal Opinion

Goodwin v. Toucey

Supreme Court of Connecticut

Decided November 29, 1898PublishedCited by 3 opinions

Action to recover the value of a mare which the defeudant, as agent of the Connecticut Humane Society, took and caused to he killed; brought to the Court of Common Pleas in Fairfield County and reserved by that court, Curtis, J., upon a finding of facts, for the consideration and advice of this court.

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Action to recover the value of a mare which the defeudant, as agent of the Connecticut Humane Society, took and caused to he killed; brought to the Court of Common Pleas in Fairfield County and reserved by that court, Curtis, J., upon a finding of facts, for the consideration and advice of this court. In his answer the defendant alleged that he was an agent of the Connecticut Humane Society, and that “3. On said 7th day of May, 1895, the plaintiff had in his possession the mare referred to in his complaint, and said mare was not properly cared for, was neglected, cruelty treated, injured,…

1Opinion of the CourtAndrews, C. J.

Laws for the prevention of cruelty to animals now exist in most of the American States, and public sentiment sustains them as being no more than a proper exercise of the police power. So, too, there are laws for the summary destruction of animals diseased with any dangerous or infectious disorder. These laws are police regulations of the government for the destruction of property in a case of immediate necessity, or of a noxious public nuisance. Prentice, Police Powers, 124.

The case now before us goes somewhat further than the laws just mentioned. The defendant justified his taking and…

2Cited by3 opinions

  1. Randall v. PatchSupreme Judicial Court of Maine · 1919
  2. Waud v. CrawfordSupreme Court of Iowa · 1913
  3. Polar Wave Ice & Fuel Co. v. Alton Branch of the Illinois Humane SocietyAppellate Court of Illinois · 1910

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