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turn, from, perhaps, the uneasy way of a horse standing, which 
may cause the accident, or other circumstances — for that Mr. 
Rod way is not liable ; I say, he is bound to bring competent skill 
and reasonable care to bear, and that in the discharge of his duty, 
if he brings competent skill and reasonable care in proportion, 
the accident not being occasioned by his ignorance nor neglect, I 
apprehend that if that be so, the defendant will be entitled to your 
verdict. 
“ Now, gentlemen, first of all the question will be, Is there in the 
peculiar formation of this shoe any thing which would have caused an 
injury for which Mr. Rod way would have been answerable 1 My 
answer to that is this, that the plaintiff knowingly took the horse 
to a shoer who used the patent shoe ; he went to have the patent 
shoe applied ; that patent shoe was at his selection to be used, and 
therefore that alone would dispose of that part of the objection. 
“ In trying this case, gentlemen, it is not a case against Mr. 
Rod way only — it is not a case against every farrier only throughout 
the whole kingdom, if by accident a horse is pricked — hut it is 
an action against every tradesman who carries on business re- 
quiring skill ; for, if applying reasonable skilkyou are to be liable 
in such a matter as this, I should like to see the position of a man 
who charges four shillings for shoeing a horse. Is he to be liable 
for the whole value of the horse, and fixed for the value of the 
horse 1 Really this is carrying the proposition too far — a proposi- 
tion which, I trust, you will not adopt. But if you should adopt it, 
I do hope and trust you will think that very small damages will 
be a satisfaction ; but I believe that you will be of opinion that 
there was no want of skill in the matter, and that the defendant is 
entitled to your verdict.” 
Witnesses were then called in support of the defence. 
And the Lord Chief Baron, in a long and critical summing up, 
made some remarks on the points of law affecting the matter in 
dispute : — 
“This is an action brought against the defendant, who is a far- 
rier, for unskilfulness in the shoeing of one and the other of these 
animals. Now, there are two counts in the declaration, and we 
have been trying, in fact, two causes, for each of those is a sepa- 
rate cause ; and when you come to give your verdict, you will 
have to separate the one from the other, unless you should find a 
verdict altogether for the plaintiff upon all the counts, or altogether 
for the defendant. 
“.Now, gentlemen, the only rule of law that I feel it necessary 
to lay down upon the subject of right of action in this case is this, 
— that, if this operation has been performed unskilfully and impro- 
