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Marty Waddell
UKC Forum Member

Registered: Jun 2003
Location: Iowa
Posts: 559

court case (dog killed)

well I had my day in court for Nt ch gr ch Sheltons Mae who was killed in a conibear the weekend after thanksgiving. It seemed to go well and I think I made a good case. They tried to bring an ariel map and prove that My dog was caught in a trap where the ground was all torn up and bloody. This ground was also on ground I didnt have permision to be on. I had pictures of Mae in the trap with no blood on her , in the box, or on the tailgate. Seemed like the judge beleived me on where she was, the trap I said she was in was on a borderline fence where I DID have permision. Judge said he would rule sometimes next week.

Marty

Last edited by Marty Waddell on 03-09-2006 at 12:56 PM

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jackbob42
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Registered: Oct 2003
Location: mid-michigan
Posts: 4437

Re: court case (dog killed)

quote:
Originally posted by Marty Waddell
.............. Judge said he would rule sometimes next week.

Marty



With the judge making the ruling I take it you were in small claims court?

Don't you just hate that? The judge already knows how he's going to rule , but won't say it in the courtroom. They must be afraid of someone starting trouble in the courtroom I guess.
I had the same thing happen. The judge found in my favor. I hpe you come out the same. Good luck.

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Old Post 03-09-2006 01:04 PM
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Marty Waddell
UKC Forum Member

Registered: Jun 2003
Location: Iowa
Posts: 559

I also brought up about whose fence it actualy was. under iowa law it was the landowner whose ground I was hunting. So I questioned if the kid should have actualy had a trap there. the judge seemed to want to look into this more.

We'll see

Marty

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Old Post 03-09-2006 01:08 PM
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deamon
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Registered: Jan 2004
Location: Fulda,Mn.
Posts: 158

I hope you get justice Marty I been through this before with a dog being shot.Unfortunately it doesn't make up for the loss we go through.Keep us posted on the outcome. "deamon"

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Casey
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Registered: Jun 2003
Location: Lyons, GA
Posts: 1014

Is there a way we can get dogs appraised? It will be bad if my dog was killed and the judge rule $200 since that is the average puppy price. I think since your dog was a nitech grch you should be awarded more but the judge don't know what it was worth.

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Old Post 03-09-2006 03:43 PM
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coleman
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Registered: Jul 2005
Location: Piedmont, SC
Posts: 412

quote:
Originally posted by Casey
Is there a way we can get dogs appraised? It will be bad if my dog was killed and the judge rule $200 since that is the average puppy price. I think since your dog was a nitech grch you should be awarded more but the judge don't know what it was worth.



Good question- does anybody know?I'd also like to find out more about the microchips.

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Old Post 03-09-2006 04:42 PM
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TAZ
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Registered: Aug 2003
Location: SHOW ME STATE - SEDALIA, MISSOURI
Posts: 627

John Wick does appraisals on coondogs. I have seen it advertised in the past. I think he evaluates bloodlines, titles ect. to come up with amount.
Hope you get awarded allot of money. I hate traps when they are set where are dogs can get in them. Good luck.

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BIGCASTLEDAWGS
UKC Forum Member

Registered: Mar 2006
Location: Massachusetts
Posts: 19374

Microchips

Hi, Coleman,
Microchips are available thru vets. I think I have also seen them in some supplie catalog.... but I cannot remember which one. I imagine if you do a search online you could find that. They can Easily be done yourself. It is just an easy injection. One of the Brands is AVID Microchip. AKC has a type called "home again companion animal retreival"
If they have a chip installed they SHOULD be scanned by ANY reputable vet, animalc control, shelter and RESEARCH facility. They are supposed to check for LOST pets and STOLEN pets. The numbers work Nationwide.
It is NOT expensive and I certainly recommend it for ANY dog that will go offleash!!!!!
Goodluck, Heather and the bigcastledawgs

PS, Mr Waddell,
Good luck on your case in court. I'm so sorry about your loss.

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Marty Waddell
UKC Forum Member

Registered: Jun 2003
Location: Iowa
Posts: 559

thanks everyone

as far as appraisals go I have several well known breeders written letters. Judge said unless they were there to testify it as all hearsay and he wouldnt consider it.

Marty

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Old Post 03-09-2006 05:53 PM
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jackbob42
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Registered: Oct 2003
Location: mid-michigan
Posts: 4437

I took in a couple of different magazines , Bloodlines , Full Cry and Cooner. Told the judge what I thought the dog was worth and that I'd show him the going price of dogs like her. He didn't even look at the mags , just gave me what I asked for.
He probably figured I was being honest and had Mags to prove it , so he didn't bother.
At least take the mags in and offer to prove your dogs worth. Some judges may not realize what they're worth.
And trust me , every time you can answer a question with the truth and prove it , it sure helps provide support for your case.
Hope this helps someone out there.

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Old Post 03-09-2006 05:57 PM
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Marty Waddell
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Registered: Jun 2003
Location: Iowa
Posts: 559

I did take in a couple of adds from the mags showing UNTITKED dogs worth $2-3000.

Marty

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Old Post 03-09-2006 05:59 PM
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TAZ
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Registered: Aug 2003
Location: SHOW ME STATE - SEDALIA, MISSOURI
Posts: 627

Before he makes his ruling I would contact the local paper see if they will do a story on this. Reporting what happened and you are now awaiting judges decision. Maybe some fellow hunters will help put the heat on him. I hope he don't just slap the guy on the wrist, or he will do it again.
I think Don Egli told my husband he lost two of his really good dogs in the season of 04 to conibear traps. All in a week apart. Iowa needs to change some of the rules on those conibear so dogs have no chance of getting in them. Good luck and I hope you get a large amount for your loss.

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CooperCreek
UKC Forum Member

Registered: Aug 2004
Location: NE/MO
Posts: 579

I know that John Wick use to run some adds in the Cooner offering a service as a "Professional Coonhound Appraiser" or something like that. I realize we all know who he is, but don't know how "certified" a judge would consider him since he isn't directly associated with a certain organization. But just wanted to pass that along. I'd say anybody that could prove they had extensive experience with coonhounds and the business would be good representatives. I'm especially thinking along the lines of a representative from UKC, PKC, etc.

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jodaviess1
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Registered: Jul 2004
Location: Jodaviess Co. N.W. IL.
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TESTIFYING

MARTY,
IF IT HAPPENS THAT A JURY TRIAL WOULD TAKE PLACE, SAY YOU APPEAL THE JUDGES DECISION, I WOULD BE GLAD TO TESTIFY IN COURT ON YOUR BEHALF. PERRY

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Old Post 03-09-2006 06:34 PM
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The Guide
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Registered: Aug 2005
Location:
Posts: 108

was the guy breaking the law by having the coniber on land or was it a 330 that isn't supposed to be on land? I am just wondering, because I kinda want to know, because we can legally have conibers on land, it just can't be 220 or larger, so dogs probably won't get hurt in it, and I want to know if I can get sued for just trapping? even if I do it legally, my dog was caught this year in a trap, she survived just fine, because they guy followed rules and put a size below 220 on the ground, at first I was mad, but then I thought, I can't be mad, I trap alot and it could happen to me. sorry about your loss hope everything goes well.

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Old Post 03-09-2006 06:50 PM
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patches
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Registered: Dec 2003
Location: nwpa
Posts: 2385

i think there should be individuals who can apparaise dogs. there are registered horse appraisers. i hope your case goes in your favor.
btw, i'm not a trapper so i have no idea what a conibear trap is. a few years ago my dog was caught in a beaver trap that was put illegally on my property. i had no idea it was there. i hadn't given anyone permission to trap there. we turned the trap and name on it over to the game commision and they took care of it. my dog only got a bruised foot out of it. must be these conibear traps are pretty w1cked.

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Old Post 03-09-2006 10:45 PM
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joe wilson
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Registered: Jan 2006
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[QUOTE]Originally posted by TAZ
[B]John Wick does appraisals on coondogs

oh brother......there is another guy in the book that will consult you on you dog for a hundred dollars a year........they dont have big egos do they......lol

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Old Post 03-10-2006 01:35 AM
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The Guide
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Registered: Aug 2005
Location:
Posts: 108

there are only 3 sizes that can kill a dog, and all three are illegal to set on the gound (sizes 220-330), at least that is the way it is in wisconsin, there sizes 220 on up, and yes they kill quickly, my dog got caught in a 160 or 220 I think it was a 160, no harm done, it just caught her on the jaw, she really sounded like she was treeing hard lol, but I released her real fast. there are sizes 55, 110, 160, 180, 220, 280, and 330, 330 being the largest, you can fit a 50 pound beaver in one, so a dog can get caught too. I am guessing that is what happened to this dog.

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petedawg
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Registered: Mar 2004
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?????

55, 110, 160, 180, 220, 280, and 330 ???? what is that ? diameter in milimeters ???

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Old Post 03-10-2006 11:08 AM
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Marty Waddell
UKC Forum Member

Registered: Jun 2003
Location: Iowa
Posts: 559

it was a 220 and they are legal to set on land here in iowa. it killed her instantly

Marty

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Old Post 03-10-2006 12:28 PM
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PAplott
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Registered: Jan 2006
Location: PA
Posts: 661

Marty, you might want to ask an attorney what it would take to have an expert witness on your behalf in your state. In PA, if someone has experience over and above your average "joe citizen", they can be declared an expert witness by the court. They don't have to be "Certified", just an expert witness. Hope things go your way. Good Luck!

Patches, another name for a Conibear is an "Instant Kill" trap, because that's what they're designed to do. These traps belong in the water, not on land, but if foothold traps are ever outlawed, I think your gonna see more instant kill traps on land as an alternative.

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Old Post 03-10-2006 12:52 PM
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Mark A. Hauck
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Registered: Jun 2003
Location: Camden,NC
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Marty like I said in my letter to the court if you need me there I'll be glad to come over and do what I can.

Here in Illinois 220's are also legal to set on dry land. Sent the Wisc law to my State Rep asking that we follow in that tradition so dogs don't get killed but seems the Illinois Trapers Assn is more powerful then the Illinois Coon Hunters Assn and it was never brought up.

Sorry I don't trap, been told by those who do that a 220 can be set so it will not catch a dog ?? But from the ones I've found set up like Christmas lights along fence rows on game trails they seem to lazy to do what I've been shown to keep from catching dogs.

I've found some traps on land I have for hunting and no they did not have permission, and I've heard those traps can now be used for scrap metal.

I know we have to get along, but I like the WI law that requires 220 to be set inside a bucket so a dog cannot get its head inside. I've seen these sets when hunting in WI and I've yet to hear of a dog getting caught in one. To bad our law makers are to lazy to understand the value of a good hound, and make this change to our trapping laws.

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bobbijo3456
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Registered: Sep 2005
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Some of the bigger traps.Have some type of mechanism to not catch a dog.Why they say this I have no clue.

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TRUCK JOHNSON
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quote:
Originally posted by TAZ
Before he makes his ruling I would contact the local paper see if they will do a story on this. Reporting what happened and you are now awaiting judges decision. Maybe some fellow hunters will help put the heat on him. I hope he don't just slap the guy on the wrist, or he will do it again.
I think Don Egli told my husband he lost two of his really good dogs in the season of 04 to conibear traps. All in a week apart. Iowa needs to change some of the rules on those conibear so dogs have no chance of getting in them. Good luck and I hope you get a large amount for your loss.

thats a great idea taz and i do know john wick went through many many hours of study and he is a certified appraiser and has already helped in alot of court cases if they was someway john could get a letter to the judge before he makes his decision this might could help alot. some people, well, alot of people are ignorant to the value of a sure nuff COONDOG.............................good luck buddy i hope you nail em for a lot and i dont even need to get started on those idiot traps wherever they are........our prayers are going up for you right now.

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jackbob42
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Registered: Oct 2003
Location: mid-michigan
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I'm guessing the judge already knows how he's going to rule. I'm sure mine did. The first words he said was " I think we can get this one over in a hurry , tell me your story ".
Of course , it was small claims court and I had summoned both State Troopers and I , nor the defendant , could have an attorney.
He had probably already decided he would side with the Troopers. Not sure.
But he said " I will notify you , by mail , of my decision".

It's just better to have all your I's dotted and T's crossed before you get to court.

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