VETERINARIAN JURISPRUDENCE. 
513 
County Court, Bradford. 
Kaye v. Parkinson . 
On last Assize, before John Hammerton, Esq. (deputy 
judge), a disputed case of the soundness of a horse came on 
for trial. 
The plaintiff, who is a butcher, residing in Little Horton, 
was represented by Mr. Terry ; and the defendant by Mr. 
Mitchell , of Halifax. 
Mr. Terry opened the case with a statement of the facts he 
proposed to establish, and, amongst other things, explained 
to the jury that this was a new trial obtained at the instance 
of the defendant. He also stated that it was admitted there 
w r as a warranty at the time the mare w T as sold by the de- 
fendant to the plaintiff; and he believed the only question 
for them to inquire into would be, whether or not, on the 
3d of January, 1853, the time when the sale took place, any 
unsoundness existed in that mare. 
He called George Kaye, who said he bought the mare, 
and obtained a warranty with her, on the 3d of January 
this year. He saw something was the matter with her in 
two or three w T eeks after In about ten days after, he saw 
the defendant, and told him the mare w 7 as lame, and that the 
defendant then told him to keep her a bit longer, and if she 
did not mend, he (the defendant) w 7 ould take her back. He 
sold her by auction, after having given proper notices to the 
defendant. His lossw 7 as £13 85 . 6d. On cross-examination, 
he stated that he kept the mare ten days to see if she got 
worse. She was not worked to his knowledge during those 
ten days ; but his brother took care of her. When he bought 
her, the defendant told him he had given £25 for her. He 
did not meet the defendant in the market on the 8 th of 
February; defendant did not say he w 7 ould give me £28 for 
her back. He (witness) did not say he would take it. 
John Spence, horse-dealer, Bradford, stated that he saw 
the mare on the 3d of January, at the Roebuck. He told 
the defendant she had an enlargement of the hock. It was 
a blood-spavin. Being cross-examined, he said a blood- 
spavin could not be put out in twenty-four hours. It was in 
the evening he saw her, but it w 7 as light enough for him to 
see her bad leg. 
John Kaye, brother of the plaintiff, spoke to the fact of 
the mare having been used carefully. Other witnesses spoke 
as to the mare having an enlargement on her hock, called a 
bog-spavin. 
xxvi. 67 
