460 
VETERINARY JURISPRUDENCE. 
of which he did not sell him, but that if he had sent him by 
the train he would have received a great deal more for him 
than the amount for which he now offered to give him ; he 
was not examined by any veterinary surgeon in Ballinasloe ; 
Mr. Barker still asked him if he would have Mr. Watts to 
examine the horse; he (plaintiff) replied that he certainly 
would, and that he had been waiting at Mr. Barker’s for 
him ; they went up to Mr. Watts’ with the horses ; Mr. 
Watts examined them — first the chesnut horse, afterwards 
the mare; Mr. Watts said, when he was about getting their 
shoes off, u they have no corns;” I believe not he (plaintiff) 
replied; Mr. Watts asked the smith “ had the horses any 
corns?” The shoes were taken off the horses; Mr. Watts 
pointed out their feet to Mr. Barker, and pronounced both 
the horses sound in every respect ; they had been trotted up 
and down the street to try if they were lame ; the horse was 
galloped, the mare was not ; the examination occupied three 
quarters of an hour ; when Mr. Watts was about having the 
shoes put on the horse he turned to him (plaintiff) and said 
that Mr. Barker was not quite satisfied, and wished to have 
the horse trotted out again ; certainly, do so, said he (plain- 
tiff) ; the horse was again trotted out, and Mr. Watts again 
pronounced him to be perfectly sound; Mr. Barker paid Mr. 
Watts the usual fee for the examination of the two animals ; 
they left Mr. Watts, and while walking along, Mr. Barker 
said he was not satisfied as to one of the fore legs of the 
horse ; he said he did not like his movement, and he thought 
he would take him to Mr. Ferguson ; cc I think,” said he 
(plaintiff), in reply, cc you will only throw away your money ;” 
will you not come with me to Mr. Ferguson ? said Mr. Bar- 
ker; certainly not, said he (plaintiff) I have had the opinion 
of Mr. Watts ; he has pronounced the horse to be sound, and 
I have done with him : Mr. Barker left him (plaintiff), pro- 
mising to see him in half-an-hour ; went to the terminus of 
the Great Midland Railway, and while absent the horses were 
sent to his premises, and on his return he directed that they 
should be brought to Farrell’s livery stables in Bruns wick- 
street ; had the horse from the summer of 1851, till Novem- 
ber, 1853; could give a tolerable guess as to the soundness 
of a horse, and believed that the horse and mare, when he also 
them, were perfectly sound; had no reason to suppose otherwise. 
Cross-examined by Mr. Sidney — Knew the dam of the 
horse very well ; she was once his property ; she was 
fired while he had her; she was fired all round both 
hocks for supposed curbs ; believed she had not the 
affection called curbs ; regretted having allowed her to be 
