226 ACTIONS AT LAW. 



numbers of cases on record in wliich horses had suddenly 

 become roarers, and he discovered this one to be a roarer 

 on the izjth of April. He said unhesitatingly that it 

 became a roarer between the 30th of March and the 14th 

 of April. 



His Honour then said he had Mr. Stephens examined in 

 order that the view he had taken early in the case might 

 be confirmed. For the plaintiff to support this action he 

 must prove that the defendant acted as no intelligent and 

 properly educated veterinary surgeon would have done 

 when he examined the horse on the 30th of March, and that 

 he did not exercise a reasonable amount of skill and in- 

 telhgence. But at the end of Mr. Olver's evidence he 

 came to the conclusion that there was httle, if any, evidence 

 against Mr. Stephens at all. Mr. Stephens has now given 

 his own account of the transaction, and he had given his 

 evidence very clearly and straightforwardly. It was 

 evidence in which implicit confidence could be placed, and 

 being of opinion that the plaintiff had failed to make out 

 his case, he gave a verdict of non-suit. 



[Note. — This case illustrates the possibility of " roaring " 

 being suddenly developed.] 



Hodges V. Jeffries. 



WARRANTY. 



DISEASE OF THE PASTERN BONES — ALLEGED UNSOUNDNESS. 



Tliis action was tried at the Chipping Norton County 

 Court, before Judge Harrington. 



James Hodges, steward to Lord Sherborne, sued Mr. 

 Jeffries, horse dealer of Salford, for ;£i8 14s., being the, 

 difference of the price of the horse, and that for which he 

 was sold (together with the expenses attendant on the 

 sale and delivery) by auction at the Chipping Norton Fair. 



