VETERINARY SURGEON AND FARRIER. 



215 



were very thin and bad, and his action very high. What 

 was done to this pony did not appear ; but he had been 

 under the care of Mr. Field the veterinary surgeon, and 

 was afterwards sold for a small sum at Aldridge'si'epository 

 some time in October. 



At the trial no veterinary surgeons were called to give 

 any information as to the nature of the injury or of the 

 parts injured. And the allegation that the patent shoe 

 was one likely to produce lameness by its application, was 

 withdrawn by the plaintiff's counsel. 



The defendant's case rested on two grounds : First, That 

 even supposing the ponies to have been lamed in shoeing, 

 he was not liable because he had brought to the perform- 

 ance of that duty competent skill and reasonable care, and 

 that the plaintiff knowingly brought them to have the 

 patent shoe applied. Secondly, That one pony was lame 

 before it was shod, and the other had not been lamed by 

 the shoeing, but the lameness had arisen from other causes. 



In summing up Chief Baron PoUock said to the jury : 

 " The only rule of law that I feel it necessary to lay down 

 upon the subject in this case is, that if this operation has 

 been performed unskilfully and improperly, no doubt the 

 defendant is liable to the plaintiff for any mischief that may 

 have resulted from such unskilfulness ; but he is liable only 

 to the extent to which mischief has been produced. The 

 rule I take to be this, that a person employed for any 

 purpose must bring to the subject-matter a reasonable skill 

 and fitness, and he must exercise that reasonable skill and 

 fitness with due and proper care. If he be deficient in 

 the requisite skilfulness, and in consequence of that the 

 operation is performed in a bad and bungling manner, or 

 if, having the requisite skilfulness, he fails to bring it to 

 act, he is liable for any mischief which results from that." 



" I need hardly tell you, that an operation of this sort 

 cannot be considered in the light of an insurance. If you 

 apply to a surgeon or a medical man to cure you of any 

 disorder, he is liable if there is any want of skill or proper 

 care ; and I observed that one of you asked whether 

 pricking a horse was a frequent accident. I think the 

 answer to that immediate question was, that it was not, at 

 all events, very unfrequenc; still it may happen without 

 any great degree of unskilfulness attaching to it. The 

 operation most resembles that of shaving. If a man under- 

 takes to shave another, he would not be responsible for 

 every abrasion of tlie skin that the barber might make ; it 



Rule as to 

 farriers. 



Ko insurance 



against 



injury. 



