554 
VETERINARY JURISPRUDENCE. 
plaintiff, accompanied by Mr. Jasper Gardner, went and told 
the defendant so, but did not ask the defendant to take the 
mare back : on the 30th of May he sent the mare back to 
Hodgson, and saw him in the evening and offered to return 
the mare and allow £5, or to keep her on the proviso that 
Hodgson paid him £o . — In his cross-examination, witness 
stated that he had not worked the mare half her time, and 
had only once put her in waggon shafts ; he had not turned 
her into a steep field, nor did he hear Hodgson say that at 
the time he purchased the mare she was all right and sound 
to the best of his knowledge: Mr. Jasper Gardner said the 
mare did not look like a mare in foal, as she had no udder, 
and he (witness) did not see any milk drawn from her. — In 
his cross-examination he stated that the mare could not have 
slipped her colt without his knowledge, and also that the 
defendant had made him an offer of £l or have the mare 
put to horse again. 
Mr. Jasper Gardner , a farmer living at Chalford, had known 
the mare ever since she had been in Mr. Hodgson’s possession, 
and never considered her broken-winded, but he thought the 
value of the mare depreciated £5 by her not being in foal. 
In answer to Mr. Kearsey he stated that at the time the 
plaintiff purchased the mare he said that if he had not 
bought her he (Mr. Gardner) should; he did not recollect 
Mr. Hodgson saying anything about a warranty to the best 
of his knowledge. 
Mr. Thomas Hawkins heard Mr. Hodgson say he warranted 
the mare sound and in foal to the best of his knowledge. In 
answer to Mr. Kearsey he stated that he was present when 
the bargain was concluded between the plaintiff and defendant, 
and heard the latter sa} r , £i I’ll warrant her sound as an acorn, 
and in foal to the best of my knowledge the mare appeared 
to be in foal, and he did not observe anything the matter 
with her wind. 
Mr. Symons then called James Mason, a horse doctor of the 
old school, who stated that when he saw the mare in the 
plaintiff’s stable, he told him there was no foal in her, and 
her disease lay in the lungs ; he tried to cough her but 
could not, but he knew the mare was diseased as she heaved 
so much in her belly ; he had previously known the mare in 
Mr. Hodgson’s possession, as at one time he asked him to 
put her in his stable as he should not like her to catch cold 
to hurt her wind. — In his cross-examination, he said that he 
examined the mare five weeks ago, and in his opinion she had 
not warped ; sometimes horses breathed hard from cold, and 
various other causes. 
