240 ESSENTIALS OF VETERINARY LAW 
horse received in trade.2> 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 Reg. v. Henson, Dears, C. 29 State v. Fox, 79 Md. 514. 
C. 24. 
27 Ward v. Hobbs, 4 App. 
Cas. 13. 
