240 ESSENTIALS OF VETERINARY LAW 



horse received in trade. ^^ However, the bringing 

 of an animal afflicted with such an infectious 

 disease as glanders into a public place is an indict- 

 able offense at the common law, even though the 

 defendant was not aware of the full extent of the 

 contagiousness of the ailment.-^ Although it was 

 held that the bringing of animals afflicted with an 

 infectious disease into a market, in spite of the 

 prohibition of such bringing of them in, did not 

 constitute a warranty of their soundness,-'^ this 

 doctrine was later very properly reversed by Lord 

 Blackburn,-^ who held that such offering of the 

 animal for sale in a public place was a practical 

 statement that so far as the owner knew the ani- 

 mal was not so suffering from an infectious disease. 

 It has also been held, we believe wrongfully, that 

 the fraudulent selling of a glandered horse to one 

 ignorant of the fact will not make the seller liable 

 for the death of a person who contracted the 

 disease by coming into contact with the horse.^^ 

 The court was influenced in this case by the rela- 

 tive infrequency of the accidental occurrence of 

 glanders in human beings, but such a decision 

 would have the effect to increase the frequency. 

 Experience shows, also, that glanders in human 

 beings is frequently unrecognized by attending 

 physicians who have not had special experience 

 with this disease. Cases are diagnosticated per- 



25 Havey v. Petrie, 100 Mich. 28 Bodger v. Nicholls, 28 L. 

 190. T. N. S. 441. 



26 Keg. V. Henson, Dears, C. 29 State v. Fox, 79 Md. .514. 

 C. 24. 



27 Ward V. Hobbs, 4 App. 

 Cas. 13. 



