VETERINARY JURISPRUDENCE 
POWNALL V. BATT. 
The plaintiff is a surgeon of Caine, and the defendant is a horse- 
dealer of Devizes. Under the recent Act of Parliament, it is well 
known that either party can demand a jury; and, in this case, a 
jury consisting of five persons was sworn on the application of 
the defendant. 
Mr. Hulbert , solicitor, appeared for the plaintiff ; and Mr. Nor- 
ris for the defendant. 
Mr. Hulbert briefly stated the case, and the facts were distinctly 
proved in evidence. In the month of January last, Mr. Pownall 
bought a horse of the defendant for the sum of £28, the defendant 
at the time warranting it sound. The horse turned out to be a 
roarer , and notice was given to the defendant ; but he refused to 
return the money. After keeping the animal four weeks, the 
plaintiff caused it to be sold at a bazaar in Bristol, where it 
fetched 16 guineas. The action was therefore brought to recover 
the difference between this sum and £28 originally paid for the 
horse — together with four guineas, the expenses of four weeks’ 
keep — 7s. paid to a man for taking it to Bristol — and£l.. 4s.. 9d., 
the expenses of the auction. The defendant denied, first, that he 
gave any warranty ; and, secondly, that the horse was unsound. 
As the Jury took a very different view of the case to the Judge, 
or, we believe, any other person in court, we give the evidence 
more in detail than we otherwise should do. 
Mr. Jas. Pownall deposed as follows : — I am a surgeon, and 
reside at Caine. On the 14th of January I was at Devizes, and 
saw three horses at Batt’s. At my request he brought one over 
to Caine on the following day. It struck me there was a heavi- 
ness of breathing in the animal, and I made that remark to Batt 
on the day previous. Batt admitted it, but said he could readily 
account for it : the horse had been at plough, and, when horses 
were first taken from plough and put to active work, there was 
always a difficulty of breathing ; but that difficulty would speedily 
wear off. I accidentally met Sergeant-Major Lawrence, and he 
rode the horse ; after which I asked him to be present to witness 
the warranty. In his presence I expressed my doubts to Batt as 
to the wind of the horse ; but Batt denied that there was any thing 
the matter with its wind, attributing the heaviness of breathing, as 
before, to its being taken from the plough. I asked him if he 
