530 
VETERINARY JURISPRUDENCE. 
is the matter you physic him, and if you don’t, you physic 
him till you do. [Laughter.] 
Jacob Pryme> a blacksmith, at Saffron Walden. On the 
6th of February, the black horse was brought to be shod ; it 
had a running nose, which was offensive, and I white-washed 
the place to prevent infection ; I knew plaintiff’s other horses, 
and they were in good working condition. 
James Housden , farmer, spoke to the plaintiff’s horses 
being in good order, prior to the 6th of February. 
This was the plaintiff’s case. 
Mr. Hawkins addressed the jury for the defendant, con- 
tending, first, that the horse was not sold ; and secondly, that 
there was no warranty. He admitted that if Bunten had 
said “ The horse has not glanders on him — I warrant that;” 
and if on the faith of that the plaintiff took him into his 
stable and his horses died from it, the defendant would be 
liable ; but if it was only an expression of his belief that would 
not be sufficient, because they must go further and show 
that Bunten knew at the time that the horse was glandered, 
and made the representation to induce Mizen to buy it — it 
must be proved he was aware the representation was false, 
and that he made it for the purposes of fraud. After the 
evidence given he was not prepared to say there was not 
sufficient to justify them in coming to the conclusion that the 
horse died of glanders — it would be idle to dispute that ; but 
the question was, did Bunten know it had the glanders, and 
was not that which took place not a warranty, but a casual 
conversation? Mr. James said he should prove great false- 
hoods had been told by the defendant to induce the plaintiff 
to buy the horse, but nothing of the kind had been proved : 
and the fact of Bunten allowing the horse to be taken on 
trial for a fortnight, and allowing it to go with his own, must 
be to their minds conclusive that he w T as ignorant of 
the state of the horse. If he had been practising a fraud 
would he not have been anxious to get rid of the horse at 
once, instead of sending him for a fortnight’s trial. He 
would put the defendant into the box to tell them he never 
did make the representations stated; Mr. Webb would tell 
them that other causes might have produced the running at 
the nose ; and it was no matter whether the opinion he 
formed was correct or not, it \yas enough that Mr. Bunten 
had engaged a gentleman of skill, as Mr. Webb was, to 
investigate the case, and give him his opinion on it, on which 
opinion he acted. If they called in a doctor to their child, 
and he made a mistake, and gave them directions how to act, 
and the child died, they were not to blame ; nor was the 
