246 ACTIONS AT LAW. 



Mr. Comer then addressed the jury on the evidence, 

 maintaining that there had been no misrepresentation, and 

 Mr. Garrold repHed. 



The jury found for plaintiff, and a verdict was entered 

 accordingly. 



Watson V. Snarry. 



ACTION AGAINST VETERINARY SURGEON FOR NEGLIGENCE IN 

 PASSING HORSE WITH SPLINT AND SPAVIN AS SOUND — 

 LIABILITY OF SURGEON. 



This case was tried at the Newcastle Assizes, before 

 Mr. Justice Day. 



Mr. Waddy, Q.C., and Mr. Walton, Q.C., were for the 

 plaintiff ; and Mr. Tindal Atkinson, Q.C., and Mr. Cyril 

 Dodd, Q.C., appeared for the defendant. 



The facts of the case were that plaintiff, through his 

 agent, Richard Gibson, of York, sent a telegram to 

 defendant to go to Whinflower Hall, near Norton, and 

 examine a bay gelding belonging to Mr. Charles Johnson. 

 Defendant went and examined the horse, and sent a 

 certificate, as directed by the telegram, to plaintiff, to the 

 effect that, to the best of his judgment, the horse was 

 sound, but that it had a bony enlargement on the near 

 fore leg, and also a bony enlargement below the off hock, 

 which he considered of no consequence. Plaintiff bought 

 the horse of Mr. Johnson for £165, and it was delivered 

 on the 5th December. Mr. Snarry examined the horse, 

 and he heard no more about it till, on the 31st December, 

 he had a letter from plaintiff's solicitors, threatening him 

 with an action for negligence, and stating that the horse 

 was unsound from a splint on the near fore leg, and 

 spavins on both hocks. This was followed immediately 

 by an action against defendant, claiming damages as above 



