ACTIONS AT LAW. 247 



stated. Mr. Snarry made application to the Court to have 

 the case removed for trial to York, on the ground that it 

 was a Yorkshire case, arising entirely in Yorkshire. An 

 order was made by the Master to remove the trial to York, 

 but this was reversed on appeal to a Judge ; hence the trial 

 at Newcastle. 



Mr. Waddy said any man who undertook to perform 

 a duty to another man practically warranted that he 

 brought to it sufficient skill, and also sufficient care and 

 watchfulness, to see that he did it right. Defendant held 

 himself out to be a competent veterinary, and plaintiff, 

 placing confidence in him as such, risked his money on 

 his judgment, skill, and care, with the result, it was 

 alleged, that it was proved that he either did not know 

 what he was about, or did not exercise sufficient care. 

 And plaintiff alleged that, in consequence, he was saddled 

 with a horse — perhaps he had better say burdened — of 

 the most disastrous character. He bought a horse, which 

 was intended for a hunter, but which was scarcely fit tor 

 a cab horse, and the result was that plaintiff lost his 

 money. 



Plaintiff was called in support of his claim. His evidence 

 was, that he got the horse on the 5th December, that he 

 exercised it himself for two or three hours daily on the 

 Newcastle Town Moor until the 15th December. He 

 observed nothing wrong until that date, when he 

 rode it ten miles on the road to Harlow Hill. He then 

 found it to go lame. He left it at a farm of Mr. Bell's 

 there to be schooled as a hunter. It was hunted the next 

 day, the i6th, and went through a forty minutes' run. It 

 pulled up dead lame after the run, and was taken to Mr. 

 Bell's, where it remained until the 24th December, with- 

 out being seen by any veterinary surgeon. It was then 

 taken to Newcastle, to plaintiff's stables. On the 26th 

 December, it was examined by plaintiff's veterinary surgeon, 



