280 
VETERINARY JURISPRUDENCE. 
March, and staid until next day, when the cow died. The 
cow was to calve about the time she died. 
The plaintiff had a post mortem examination of the cow 
made by Mr. Varley, veterinary surgeon, when it was dis- 
covered that she was unsound, and had been so for some 
time past before the sale to the plaintiff, who now sought to 
recover the price he paid for the cow, 10/. 5 s., and 15$. 
expenses of her keep. 
Mr. Ward , the plaintiff, was examined in support of his 
case, who stated that the defendant and he were friends. 
That on Saturday, the 28th January last, the defendant 
was at his house, and then stated that he had a poor cow 
which he would sell him, and she would do him some good, 
and he would warrant her all right. Plaintiff’s wife bought 
the cow for 10/. 5s., to be delivered at Carlton. The cow 
was delivered at Cononley, about one mile and a half from 
Carlton, on the Slst of January; the plaintiff had great 
difficulty to drive her that distance. About the 4th March 
the plaintiff sent a letter to defendant that the cow was 
unwell. Defendant came over to Carlton on the 10th March, 
and staid all night at plaintiff’s, and also next day, when the 
cow died; the cow had shewn signs of calving before she 
died and plaintiff had experienced persons to assist him. 
Plaintiff sent for Mr. Varley, the veterinary surgeon, Skipton, 
to open and examine the cow. 
The plaintiff was corroborated by the evidence of other 
witnesses as to the expressions used by the defendant, of the 
cow being a poor one, but all right and sound, and as to the 
proper treatment which the cow received. 
Mr. Wm Varley , of Skipton, M.R.C.V.S., on the 1 1th March 
last made a post mortem examination of the cow in question ; 
had not seen her before — plaintiff and defendant both present ; 
found stricture of the neck of the calf bed, and two full 
grown calves ; also found that there had been a rupture 
of the diaphragm, and that a portion of the recticulum had 
passed through into the chest, and had become attached to 
the right lung : this would interfere with the functions of the 
animal and rendered her unsound ; the rupture had been in 
existence previous to the sale to plaintiff. 
Cross-examined by Mr. Gaunt. If the animal had been in 
a sound state it would not have been difficult to have de- 
livered the animal. 
Mr. Gaunt , for the defendant, then addressed the judge, 
saying that he was instructed to say that the cow was never 
warranted, and that the plaintiff' had neglected to attend 
properly to her on her attempting to calve. 
