VETERINARY JURISPRUDENCE. 
533 
state he found it in ; I had not the slightest suspicion it had 
the glanders — there were no symptoms to lead me to it ; they 
said it was not worth doctoring, and I told them to wash the 
nose with chloride of lime ; a conversation passed, and I told 
them it was not catching, and at that time it decidedly was 
not ; had seen cases of running at the nose and smell without 
glanders, and from what I was told of the horse falling in a 
cart, I considered the running at the nose was produced by 
an injury. 
Cross-examined — There was no glanders in the horse at 
that time; but from Mr. Titchmarsh’s evidence, I cannot 
doubt it had glanders at the time it was killed. 
This was the defendant’s case. 
Mr. James addressed the jury for the plaintiff in reply upon 
the whole evidence, examining the various statements of the 
witnesses, arguing that if the defendant said he would take 
his oath it was not glanders, he was responsible, and it was 
no answer to the plaintiff to say that his veterinary surgeon 
had said there was nothing catching — if the defendant acted, 
upon that opinion he did it at his hazard. The plaintiff, 
happily, was rather deaf, for he had no doubt if he could have 
heard all that had been stated by the witnesses on the other 
side, his hair, if he had enough to do so, would have stood 
upright on his head. (Laughter). Mr. Rule, the man of 
the old school, whose appearance, by the bye, reminded him 
of the late Daniel O’Connell — (Laughter) — had stated that 
the plaintiff’s horses died from the disease caught from this 
horse, for which plaintiff was entitled to compensation ; and 
besides this there was £10 expenses incurred, which he was 
entitled to recover from the defendant. 
Mr. Justice Erie summed up the case, and said the two 
points they had to consider were, whether] the defendant did 
or did not warrant, and whether the representations he made 
w T ere or not false to his knowledge. Till these points were 
disposed of the question of damages did not arise. 
The jury retired, but shortly returned with a verdict for 
the plaintiff, damages £50 on the false representation. 
