7t TIORSK WAURVNTY. 



uiulrr llio ]irovisions of tlio new Judicnturo Acts, 

 horso cases -will lio tried liy a judge alone. They 

 assuredly -would be, only lliat the party in fault 

 will prohably elect to have :i jury. If sellers and 

 waiTantors of horses will, however, carefully read 

 this case, to which some space has been devoted, 

 and learn that a jury found a horse became lame 

 from a splint after it was put in training, and 

 because it had the seeds of unsoundness some 

 mouths before, and when they consider that in 

 these months it must have naturally acquired con- 

 siderable structural alterations in its logs, they will 

 possibly think with tlie writer, tliat this verdict was 

 straining tlic law of a broiuli <>( wan'anty most 

 unfortunately for horse sellers, and should bo a 

 warning to them to keep clear of jui'ies for ever- 

 more. 



A somewhat similar state of facts were shown 

 in Siiii'f/i V. (yjiri/d)! [g). There it was proved that 

 the defendant sold a horse to the plaintiff, but 

 before doing so and giving a general waiTanty, 

 pointed out to the plaintiff a splint, which was 

 visible on the horse's fore-leg. After a time the 

 horse became lame, and, upon the plaintiff bring- 

 ing his actif)n, the jury returned a verdict in his 

 favour; and they also found tliat the lameness 

 arose from the splint to which defendant had, 

 before the sale, called the j»laintiff'8 attention. On 



(y) 11 LuwTimca, N. S. 31C. 



