ACTIONS AT LAW. 205 



counsel for the plaintiff ; Mr. O'Malley, Q.C., and Mr. 

 Patchett conducted the defendant's case. 



Mr. George Tumham, the plaintiff, said : In the latter 

 end of June last the defendant allowed me to have the 

 mare in question on trial, which I thought was a good, 

 serviceable animal. He asked £50 for her, and said that 

 he would warrant her sound and a good worker. After 

 I had had her a day or two, she seemed very unweU, and 

 went sluggish ; she was attended by a veterinary surgeon, 

 who was sent by the defendant, and she got better. In 

 the latter end of July my man drove me down to the Welsh 

 Harp at Hendon and back, and on the following day she 

 died suddenly. There was a ■post-mortem examination 

 made of her. 



Cross-examined : On the first occasion of my taking the 

 mare out, my man drove me to Whetstone and back. She 

 was a free, good goer ; on the subsequent occasions she 

 went very well. When first taken ill, my man thought 

 she had merely caught cold. 



John Hicks, the plaintiff's groom, said, on the occasion 

 when he had driven his master to Hendon and back, on 

 going into the stable early in the morning he found the 

 mare very ill, and she died in a few hours. On the post- 

 mortem examination, a quantity of bots were found in the 

 stomach ; he was not aware that all horses that had been 

 out at grass in the spring or summer season were afflicted 

 with bots. 



Mr. Thomas Dollar, a veterinary surgeon, of Bond Street, 

 said he made a post-mortem examination on the mare on 

 the 31st July. He found two-thirds of the cuticular coat 

 of the stomach covered with bots. There was also inflam- 

 mation of the bowels, which, in his opinion, had been 

 caused by the undigested food passing into the intestines. 

 The presence of the bots did not allow of the uniform 

 action of the stomach on the food when it passed into the 



