VETERINARY JURISPRUDENCE. 
215 
Lord Campbell left it to the jury to say upon the evidence 
whose property the horse was. 
The jury gave a verdict for the plaintiff — Damages, £25. 
DARNELL (CLERK) V. BLACKETT. 
Mr. Sergeant Atkinson and Mr. Addison appeared for the 
plaintiff; Mr. Sergeant Wilkins and Mr. Davison for the 
defendant. 
This was an action on the warranty of a horse. Defendant 
denied the warranty and the fact of unsoundness. 
The plaintiff is the rector of Stanhope ; the defendant is a 
small farmer at Harperley, a few miles distant. In October 
last plaintiff had two carriage-horses. He wished to dispose 
of one which was old, and instructed his coachman, William 
Bean, to do so, and buy another. Bean met defendant in 
Stanhope, who offered to sell his black horse, which was 
four years old, and had formerly been an entire horse, and 
was then cut, warranting him sound, good-tempered, and 
quiet in the stable. Accordingly, after driving him a few 
miles in the carriage, a bargain was concluded for £45, £20 
being allowed as the value of the plaintiff’s horse, which 
defendant took in part payment. Soon afterwards, according 
to the evidence of the coachman, the horse exhibited vice 
and unsoundness. The next day he became sulky when put 
into a cart, and a week afterwards he was three miles out 
and back with the carriage, and became lame of his near 
hind leg. On other occasions he did not go kindly, and 
once attempted to bite the coachman’s feet when riding him. 
Defendant was required to take him back, but refused, and 
on the 9th of November he was sold at Hexham fair, without 
warranty, for £13 10<?. 
Henry Pickering , to whom the horse was sent to grass in 
1 852, deposed to a temporary lameness in that year. 
A veterinary surgeon also spoke to a lameness in that 
year, but declared that he was now quite sound, and worth 
£40. 
Several other witnesses being examined for the plaintiff, 
Mr, Sergeant Wilkins addressed the jury for the defence, 
and called, as his first witness, Mr. Hunter, who purchased 
the horse at Hexham fair, and who now declared that the 
horse was perfectly sound, and that he would not take less 
than £50 for him. 
