DISEASED ANIMALS ; SALE. 341 



liable for the death of one contracting the disease while taking 

 care of the horse for the purchaser unless the death is the 

 natural and probable consequence of coming into contact 

 with the horse. ■'^^ Where an act provided that anyone sell- 

 ing an infected animal, respecting which there was a cause 

 of suspicion, should incur a penalty, and the defendant sold a 

 glandered horse without warranty, concerning which the trial 

 judge found that he had no cause of suspicion, it was held in 

 an action for damages that he was not liable, and that, even 

 if there had been a breach of the statutory duty, the rule of 

 caveat emptor would apply."* But in a civil action to recover 

 damages for the violation of an act to prevent the spread of 

 contagious diseases among swine, it is not necessary to allege 

 or prove that the defendant has been convicted in a criminal 

 prosecution for a violation of the act.-'^^ 



Under the Iowa code the fact that the buyer of sheep in- 

 fected with a contagious disease knew thereof will not pre- 

 vent the sale from being invalid ; but it is otherwise where the 

 seller did not know."* To constitute the ofifense of killing 

 and selling a diseased animal the meat must be sold for food, 

 with knowledge of the seller that it is bad, and the indictment 

 should state those facts.^*^ 



The damages must not be too remote, and in an action for 



""' State V. Fox, 79 Md. 514, where it was held that glanders is not a 

 disease so frequently taken by men that the court should take judicial 

 notice of its character. 



That an action for damages for ofifering to trade a glandered horse 

 cannot be maintained where the trade was made on Sunday, see Gunder- 

 son V. Richardson, 56 la. 56. 



"' Rothwell V. Milner, 8 Ma. 472. 



Under an act against frauds in the supplying of milk to cheese manu- 

 facturers, the physical condition of the milk supplied is the test, irrespec- 

 tive of the intent: Reg. v. Mcintosh, 33 Can. L. Jour. 246. 



"' Conard v. Crowdson, 75 111. App. 614, where it was also held that the 

 common-law right of action had not been superseded by the statute, the 

 remedy under which must be considered cumulative. 



"^ Caldwell v. Bridal, 48 la. 15. 



And, as to the Wisconsin statute, see Newell v. Clapp, g7 Wis. 104. 



"■' Schmidt V. State, 78 Ind. 41. 



