ACTIONS AT LAW. 207 



stomach in an unprepared state acts as an irritant, and sets 

 up inflammatory action, which in the course of twelve hours 

 might cause death. 



Mr. Henry Kent and Mr. Wilkinson agreed in the opinion 

 of the last witness that the presence of bots in the stomach 

 to the extent exhibited in the present case would be suffi- 

 cient to cause severe injury to the mare, and ultimately 

 to account for her death. 



Mr. O'MaUey, on behalf of the defendant, stated that his 

 client had not warranted the mare. He had purchased her 

 of a gentleman in Cambridgeshire, who had hunted her the 

 previous season, and when sold to the plaintiff, he said he 

 believed her to be sound, but he would not warrant her. 

 With regard to the notion entertained by Mr. Dollar and 

 the other gentlemen called by the plaintiff, that the pre- 

 sence of bots in the stomach of a horse was unsoundness, 

 or that it tended to impair its general health, good appear- 

 ance, and capability of working, he should call several 

 gentlemen of very great experience in their profession, 

 who were of the contrary opinion, and who would state 

 that the death of the mare was in no way attributable to 

 the causes assigned by the witnesses for the plaintiff. 



Mr. W. Paris examined : I bought the mare from a gentle- 

 man of the name of Waller for £42. I told the plaintiff 

 that I believed her to be sound, but I did not warrant her. 

 Some few days after the sale I heard she was unwell, and 

 I sent Mr. Batt, the veterinary surgeon, to see her, and I 

 was told he prescribed for her. I saw her afterwards some 

 three or four times in harness, when she was in a great state 

 of perspiration ; she was a very free goer. 



Cross-examined : I have as many as twenty horses in my 

 ■stables. When I sold her I had not the least hesitation in 

 saying I beheved her to be perfectly sound, but I would not 

 warrant her. I am quite sure I did not do so. 



Mr. Charles Waller ; I reside near Royston. I hunted 



