VETERINARY JURISPRUDENCE. 
553 
emptied. He caused the water to be dammed up near the 
culvert on Mr. Lathbury’s side while the tank was being 
emptied, and afterwards the contents were let off with a 
flush. The men in lifting some machinery out of the tank 
had their hands covered with the stuff in the tank, but it did 
not burn them. On cross-examination, he said that a horse 
on one occasion fell into the tank and was killed. 
George Perry, a labourer employed on the railway, deposed 
that he had seen some of Mr. Payne’s cows enter the 
stream ; he did not see them drink as he drove them out. 
Mr . Keating then replied on behalf of the plaintiff. He 
said there was no doubt that the contents of the tank — 
creosote and oil of tar— had been emptied into the stream, 
and that it was through the plaintiff’s cows drinking the 
poisoned water that they were injured. 
His Lordship then summed up in favour of the plaintiff. 
The jury retired to consider their verdict, and after being 
absent half an hour returned a verdict for the^plaintiff — 
damages £266 85. 
The above case occupied the attention of the Court nearly 
five hours. 
STROUD COUNTY COURT. 
( Before James Francitton, Esq., District Judge .) 
William Teakle v . Charles Hodgson. 
This was an action to recover damages for a breach of 
warranty of a chesnutmare, the defendant having, as alleged, 
sold the mare to plaintiff under a warranty of her being both 
sound and in foal. Mr. Teakle is a farmer residing at Abnash, 
near Chalford, and the defendant carries on business as a coal 
merchant, &c., at Brimscombe. Mr. Symons (instructed by 
Messrs. Edwards and Freston) appeared for the plaintiff, and 
Mr. Kearsey for the defendant. 
Mr. Symons opened the case by calling the plaintiff, who 
stated that he bought a chesnut mare of the defendant on 
the 8th of April last, under a warranty that she was sound 
and in foal, and paid him £20 10s. for the animal; he had no 
knowledge of horses himself, but subsequently a man named 
Mason directed his attention to the mare, and from what he 
said he examined her and tried to cough her but could not : 
Mason said the mare was unsound and not in foal, and 
XXVII. 72 
