UJJKErORTEl) CASES. 471 



Eegixa V. Cook. 

 Before Mr. Baron Alderson, Liverpool Spring Assizes, 1847. 



The Prisoner was indicted for Manslaughter in having Furious 

 furiously ridden over and killed a person on the road. riding. 



ALDEKSoisr, B., in summing' np, said to the Jury — " The 

 Prisoner is indicted iov Manslaughter ; are you satisfied that 

 his act and his negligence caused death ? If a man runs 

 against another with a Horse at an improper pace, and so 

 causes his death, it is Manslaughter ; if it is reckless, it is 

 Murder. In the same way as it has been held where bricks 

 were thrown from the top of a House into a thoroughfare, 

 and killed a person ; if a man rides recklessly a wild Horse 

 into a crowd and kills a person, it will be Murder. If he has 

 not used the caution or care of a reasonable man it will be 

 Mati sla ugh ter.^ ' 



"It is a serious question whether a drunken man riding a 

 Horse and killing another is not guilty of Manslaughter. Had 

 the Prisoner in this case, by his previous acts, incapacitated 

 himself from taking care of the Horse, or by his own conduct 

 made it unmanageable?" 



"If the accident arose from the Horse's bad temper, the 

 Prisoner's conduct not contributing to the accident, the Pri- 

 soner must be acquitted." The Jury acquitted the Prisoner. 



Matthews v. Parker. 



Before Mr. Justice Maule, Gloucester Spring Assizes, April 8th, 



1847. 



Godson, Q.C., and Cripps, for the plaintiff. 



Whatelg, Q.C., and Cooke, for the defendant. 



This was an action on the "Warranty of a Horse. It Navicular 

 appeared that in May, 1846, the plaintiff bought at Stow disease. 

 Pair of the defendant a bay Horse warranted sound. On the 

 day after its arrival at Cirencester, where the plaintiff resided, 

 it exhibited symptoms of lameness, which increased till the 

 23rd of June, when it was examined by an experienced 

 Veterinary Surgeon, who pronounced it to have Navicular 

 disease {?n) in both the fore feet, of which fact the defendant 

 had Notice. The Horse was sold by auction as a lame Horse, 

 and bought by the defendant, who was in the habit of attend- 

 ing Cirencester Market. 



For the defendant witnesses were called to prove that the 

 Horse was sound, and could therefore never have had the 

 Navicular disease (tn), as it is incurable. It transpired during 



{>n) Navicular Joint Disease, ante. 



