626 
Veterinary Jurisprudence. 
OXFORD ASSIZES— NISI PRIUS COURT. 
Thursday , July 13. 
Before Mr. Baron Pigott. 
LIABILITY ON A VETERINARY SURGEON’S CERTIFICATE. 
LORD RANDOLPH CHURCHILL V. FREDERICK JOHN DAY. 
This was a special jury case. Dr. Stavely Hill and Mr. Griffiths 
were counsel for the plaintiff ; instructed by Mr. John Davenport. 
Mr. Powell, Q.C., and Mr. Jelfe, were retained by the defendant; 
instructed by Messrs. Paley and Husband, of York. 
Mr. Griffits opened the pleadings. The plaintiff, who was pur- 
chasing horses, desiring that they should be sound, employed the 
defendant as a veterinary surgeon to certify to their soundness or 
unsoundness, and the defendant did not use reasonable skill. The 
second count alleged money paid for such services. 
Dr. Hill said the case was, shortly, to try the liability of a vete- 
rinary surgeon for a certificate given by him, stating that a horse 
was sound when it turned out not to be sound. It was a question 
whether, being an agent receiving payment for work done, for work 
which he professed to do, he did it truly and accurately. Lord 
Randolph Churchill, well known as the son of the Duke of Marl- 
borough, was on the 19th December last on a visit in Yorkshire, 
and desirous of buying horses to be hunted in that country. On 
that day he went to look at two horses which Mr. Topham had for 
sale at York. He had been recommended to the defendant as a 
person of experience likely to say whether the horses would suit. 
The sum asked for the two horses was £190. Lord Churchill said 
he would give £150 — <£80 being for the brown gelding, the subject 
of this inquiry. He left York on the 19th, but met the defendant 
at the station there on the 22nd, by appointment, who told him he 
had bought for him and handed him a certificate — “ I certify that I 
have examined the bay gelding five years old, by King Bryan, and 
pronounce it sound in every respect.” Lord Churchill paid him for 
the certificate and his labour in the purchase of the horses five 
guineas. The horses were sent to Oxford, and on the 27th were 
examined by Mr. Wadlow, who found that the gelding was suffering 
from constitutional ophthalmia in the left eye, and was badly 
spavined. The horse was taken over to Blenheim, and its defects 
were plain enough when tried in the presence of Lord Churchill 
and Colonel Thomas, master of the horse to the Prince of Wales. 
The horse was subsequently examined by Messrs. James and Sabin, 
who found cataract. Now, with reference to damages against the 
