Morgan v. Kroupa
Vermont Supreme Court
167 Vt. 99, 702 A.2d 630 (1997)
- Written by Brianna Pine, JD
Facts
Zane Kroupa (defendant) adopted and trained a mixed-breed puppy as a hunting dog. In July 1994, when the dog was about five years old, it escaped its collar and became lost. Kroupa notified friends, local businesses, and the Addison County Humane Society but was unable to locate the dog. Approximately two weeks later, Mary Morgan (plaintiff) found the dog wandering along Route 17 in Addison, Vermont. She contacted the Addison County Humane Society, which advised her to keep the dog until the owner could be found. She also posted notices in public places and arranged for radio announcements. Morgan cared for and sheltered the dog for over a year. In September 1995, Kroupa learned the dog was at a nearby residence belonging to Morgan’s boyfriend. Kroupa went to the house, and after the dog jumped into his truck, he took it home. Morgan filed an action in replevin seeking the return of the dog. The trial court found that Morgan had substantially complied with Vermont’s lost-property statute and awarded her possession of the dog. Kroupa appealed.
Rule of Law
Issue
Holding and Reasoning (Morse, J.)
Dissent (Gibson, J.)
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