VETERINARY JURISPRUDENCE. 633 
Carter, an experienced veterinary surgeon, and the result was that 
the mare was ascertained to have been broken-winded. 
Nearly 1 lb. weight of small lead shot, taken from the intestines, 
were produced in court, and the veterinary surgeon stated that 
these were signs that some sedative agent, in conjunction with a 
mechanical one, had been administered to the poor beast, for the 
purpose of concealing the peculiar character of the breathing. It 
was probable that foxglove had been used, with some purgative oil, 
and that all these circumstances had tended to its death. 
The defence was that the defendants purchased the mare a short 
time previously, and found it broken-winded. The plaintiff, as an 
experienced horse-dealer, ought to have known the condition of the 
animal, and no warranty had been given with it. It was also con- 
tended that plaintiff’s man had ill-used the animal, and that the 
shot had been administered to it by some other person than the 
defendants. 
His Honour , after a lengthened hearing, gave judgment in favour 
of the plaintiff, with all costs. 
DISEASED SHEEP.— SCAB. 
Bowler v . Dale. 
At the Wirksworth County Court, before Gr. Russell, Esq., 
this case was re-heard, and being of great importance to the 
farmers, there was a very full Court. The trial, which was com- 
menced at half-past 10 a.m., was not concluded until a little 
before 7 p.m. The action was brought to recover the sum of £5 
damages alleged to have been sustained by the plaintiff in conse- 
quence of the defendant having placed certain sheep upon Carsington 
pasture in the month of May, 1870, which were then affected with 
“ scab,” and that the defendant knew they were so affected when 
placed upon the pasture. At a previous Court, in February, the 
case was heard before His Honour, who feeling it, as he said, to be 
a most important one, inasmuch as there were other cases depend- 
ing on it, thought it was one in which a jury ought to be engaged, 
and although he inclined to the side of the plaintiff he preferred to 
direct a nonsuit in the hope that the case would, as he thought it 
should, be tried before a jury, and the plaintiff took this course. 
Carsington pasture is a very large one, and comprises several hun- 
dred acres of moor land, upon which a number of flocks of sheep, 
and other cattle, belonging to different farmers, are placed for pas- 
turage. The disease was not known to the owners to exist upon the 
pasture until the month of September, when it was customary to take 
the animals off. A sheep belonging to defendant was first found to 
have the disease, and several of the farmers who had placed flocks of 
sheep there took the one affected and asked defendant if he had not 
got the scab in his flock at home ? He said he had not, that he 
