Preudhomme v. Stebbins

There can be little doubt concerning the power of public health officers to seize stray dogs when they become a menace to public health because of tbe prevalence of rabies, and where there is reasonable basis for suspecting that such dogs have become infected with the disease. But the destruction of a dog, not a stray animal, which was seized merely because it was found temporarily outside of a home without being on a leash, might not be lawful, unless, at least, it is established by competent proof that there was some reasonable basis from such circumstances for suspecting such infection. If…