422 
VETERINARY JURISPRUDENCE. 
A little before seven o’clock in the morning of the above 
day, Mr. Thomas Glover, son to the plaintiff, took the pony 
to the Wakefield Railway Station, and having there delivered 
it to one of the porters, he paid £2 5s. 6d. as its fare to 
London. About ten o’clock a porter came to Mr. Glover’s 
to say that the Company had received a telegraphic message 
from Pontefract, to the effect that a misfortune had happened 
to the pony, and shortly after it was returned to Mr. Glover, 
who called in Mr. Cuthbert, veterinary surgeon, who now 
spoke to the nature of the injuries it had received, and who 
stated his opinion that the probable cause of those injuries 
had been through the improper tying up of the pony — in fact, 
that the shank of the collar had not been sufficiently tight, 
and had so enabled it to get its leg over it, by which means 
it had thrown itself down. 
Mr. James Bollans , whose brother is a very extensive horse- 
dealer, and wffio has the superintendence of many horses that 
travel by rail, stated his opinion, that if the pony had been 
properly tied, the accident, as imputed by the plaintiff, could 
not have happened. 
For the defence it was asserted that the pony had been 
tied up wdth the greatest care, and that the accident had 
arisen either from sudden fright, the restiveness of the pony, 
or from some other cause over which the Company had no 
control ; and with respect to the £2 5s. 6d., it w r as shown 
that one of the Company’s clerks had offered to return the 
money to Mr. Glover, although there w T as no legal obligation 
on their part to do so. 
Mr. Westmorland then proceeded to call witnesses, and 
in contradiction to Mr. Thomas Glover, who had sworn that 
he never entered the box in which the pony was placed, 
Henry Jackson, the porter w 7 ho tied the pony up, and William 
Hanson , the head porter at the Wakefield Station, both 
positively swore that Mr. Thomas Glover was not only in the 
box, but had particularly observed that great pains had been 
taken in the tying-up of the pony, and that he should ac- 
quaint his father of the great care that had been used. 
Mr. Samuel Smith , the booking-clerk, noticed the shaking 
of the box in which the pony was before the train started, on 
account of its restlessness ; and the guard of the train, w hose 
attention had been directed to the pony by Hanson, frequently 
looked after it; and while the train was between Featherstone 
and Pontefract, he discovered that it had throw n itself upon 
its back. Upon arriving at Pontefract, the horse-box w r as at 
once detached from the train, and the pony was got up and 
taken out ; and Mr. Brooke , who w r as then station-master at 
