Mohler v. Labor Day Committee, Inc.
Pennsylvania Superior Court
443 Pa. Super. 651, 663 A.2d 162 (1995)
- Written by Kyli Cotten, JD
Facts
The Labor Day Committee, Inc. (the committee) (defendant) is an organization that sponsors the annual Fred Coleman Memorial Pigeon Shoot in Hegins, Pennsylvania. At this shoot, 6,000 pigeons are released to be shot by hunters. Approximately, 2,000 pigeons every year are wounded but not killed. The wounded pigeons are then retrieved by trapper boys who kill the pigeons in a variety of ways. Three individuals, acting in their capacity as agents for various animal-rights societies (Mohler) (defendants), brought a complaint in equity, seeking to enjoin the event and all future events on the basis that the methods used to kill the wounded pigeons violate the Pennsylvania statute prohibiting individuals from engaging in the wanton ill-treatment of an animal. The committee objected to the injunction sought. The trial court held that any harm done at the annual event was speculative and that any criminal acts committed by trapper boys should be addressed in individual complaints. Accordingly, the trial court granted the committee’s objections and dismissed Mohler’s complaint. Mohler appealed.
Rule of Law
Issue
Holding and Reasoning (Del Sole, J.)
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