234 ACTIONS AT LAW. 



examinations, asking if the defendant considered it was 

 right treatment to a customer who had been so lenient, 

 to sell a horse with his ears tied up, with his teeth 

 " bishoped," and a confirmed " wind-sucker" ; but, without 

 prejudice, offering to defendant the option of sending an 

 experienced veterinary surgeon to meet the plaintiff and 

 arrange the matter; otherwise he stated that he would 

 place the whole thing in the hands ot his soUcitors. No 

 reply was received, but one day the horse was taken 

 seriously ill during the plaintiff's absence. Mr. Dollar, jun., 

 the usual veterinary attendant on the stud, was called in. 

 Mr. Ward was called in to consult with Mr. Dollar, and 

 eventually the horse recovered, and was sold by auction 

 for twenty guineas at Park Lane Repository, the plaintiff's 

 loss amounting to £69 9s. 6d. The plaintiff was subjected 

 to a severe cross-examination by the defendant's learned 

 counsel, but his evidence was not shaken. 



The grooms stated in evidence that the horse made 

 " faces " or " grimaces " when it first came ; but they did 

 not know what it was as they had never seen one like 

 it before. The head groom admitted the defendant had 

 given him a sovereign, and had promised him £5 if all 

 went well with the horse. He forgot to tell his master 

 about his discovery that the ears had been fixed by the 

 elastic arrangements. 



Mr. Robert Ward stated that he was a fellow of the 

 Royal College of Veterinary Surgeons, of twenty-five 

 years' experience, and then in practice in the Harrow 

 Road as a Consulting Veterinary Surgeon. He said : 

 On the ist September he went, at plaintiff's request, 

 to his stables and examined the horse in question. 

 Immediately he entered the stable he saw the horse " wind- 

 sucking," and asked the grooms if they had noticed it ; 

 they said they had, but did not understand it. Examin- 

 ing the head, he found peculiar marks at the root of the 



