2o8 ACTIONS AT LAW. 



the mare during one season, when she went very well, and 

 was always in good health. When the season was over, 

 I turned her into a paddock some two hours in the day 

 for exercise. When I sold her to the defendant she was 

 quite sound and well. 



Mr. Batt said : I examined the mare at the request of 

 the defendant. She was then suffering from influenza 

 and pleurisy ; it was a complicated case. Hicks, Mr. 

 Tumham's groom, placed the case in my hands. I saw 

 her again on the following day, when the s5miptoms had 

 very much abated. I called again on the yth, and she 

 had so far recovered as not to require any further attention . 

 Influenza was prevailing at the time. On the 31st 

 July I heard from Mr. Paris that the mare was dead, and 

 I arrived shortly after the post-mortem examination had 

 been made. I examined the stomach and intestines ; 

 the latter were in an acute state of inflammation, which 

 undoubtedly was the cause of death. There was no 

 inflammation of that part of the stomach where the bots 

 were attached, which is the cuticular or insensible part ; 

 it is where they are usually found. There was nothing 

 to show any injury from the bots ; there were slight 

 indentations where they had been, which is always found 

 in these cases. There was no connection between the 

 presence of the bots and the inflammation of the bowels. 

 I do not agree with the theory that the presence of the bots 

 prevents the food passing into the intestines in a perfectly 

 digested state ; I never heard of it before. Inflammation 

 of the bowels might arise from various causes, such as being 

 over-driven and left to stand in cool places, producing 

 chill, or drinking cold water when in a state of heat, which 

 are matters of daily occurrence.. I never saw a case of 

 inflammation of the bowels arising from the presence of 

 bots in the stomach. I have heard of a case where bots 

 had perforated the stomach, and the food passed into the 



