Knox v. Massachusetts Society for the Prevention of Cruelty to Animals

12 Mass. App. Ct. 407 (1981)

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Knox v. Massachusetts Society for the Prevention of Cruelty to Animals

Massachusetts Appeals Court
12 Mass. App. Ct. 407 (1981)

JL

Facts

Knox (plaintiff) planned to attend the Brockton Fair as a concessionaire and offer live goldfish as a prize in a game of chance. The Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) (defendant) learned of Knox’s plan and informed him that using live goldfish as a prize would violate Massachusetts law. Knox then filed a lawsuit and sought a declaratory judgment that the statute did not prohibit awarding live goldfish. The Massachusetts law, G.L.c. 272, § 80F, prohibited awarding a live animal as a prize for a game of chance. The statute did not define what is considered to be an animal. The trial court agreed with Knox and awarded a declaratory judgment in his favor. MSPCA appealed.

Rule of Law

Issue

Holding and Reasoning (Dreben, J.)

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