306 STATE BOARD OF AGRICULTURE. 



case of a fraudulent design. A man may be in a horse trade not only with 

 his mouth, but with his hands or feet. And, indeed, his very silence may 

 sometimes be a grievous falsehood. Men know perfectly well how to bo 

 honest in a horse trade, but if there be any transaction where total depravity 

 is likely to assert itself, it is in that business. No particular form of words is 

 necessary to constitute a warranty. A positive and unequivocal assertion, or 

 aflfirmation concerning the horse, which is relied on by the other party, and is 

 understood by the parties to be an absolute assertion and not a mere expres- 

 sion of opinion, is as a general thing a warranty that the horse is as stated. 



The word warranty need not be used. If a man should say in a horse trade, 

 "I promise you the horse is sound," or "the horse is not lame, and I would 

 not be afraid to warrant him," it is enough to establish a warranty. So if he 

 say, "You may depend upon it, the horse is perfectly quiet and free from 

 vice." So when one said on a horse trade, "1 never warrant, but the horse 

 is sound so far as I know," it has been held to be a warranty upon which an 

 action could be maintained, provided the party could show that the horse was 

 unsound to the knowledge of the one making the assertion. 



If there be no warranty, and a man trade a horse for such as he honestly 

 believed him to be, without fraud or deception, the law will not imply that he 

 traded it upon any other terms than such as were stipulated in the bargain. 

 It is your fault if you do not insist upon a warranty. It must be remembered 

 however, that in case of warranty you can not return the horse and recover 

 the one you exchanged. This can be done only in case of fraud, false repre- 

 sentations, or deceit in the bargain. 



The best way in horse trades, as in other transactions, is to act with that 

 fairness and plain dealing which becomes an honest man, however difficult it 

 may be. 



LECTURE NUMBER TEN. 



HOW TO CROSS A RAILKOAD TRACK. 



It is well settled law that a railroad track is itself a warning of danger, and 

 that persons about to cross a railroad track are bound to recognize and take 

 notice that it is a dangerous place, and make dilligent use of their senses of 

 hearing, seeing, and perhaps even of feeling, to ascertain whether a train or 

 engine is in dangerous proximity before attempting to cross. If they neglect 

 to do this, but blindly venture on the track without every reasonable precau- 

 tion, it must be at their own risk. I would therefore solemnly advise every 

 person about to cross a railroad track to stop and carefully investigate, 

 especially if there are embankments or other obstacles in the way of a full 

 view of the track for a considerable distance each way. And when the pecul- 

 iarities of the situation require such precaution, I would advise him to get out 

 of his wagon and approach and look along the track in both directions. 



In most cases where recovery is sought against a railroad company on 

 account of injuries received at crossings by travelers and other wayfarers, the 

 question of primary importance is, whether the negligence of the party injured 

 contributed to the injury. When the traveler's want of ordinary care is the 

 proximate cause of the injury, he cannot recover, though the railroad company 



