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VETERINARY JURISPRUDENCE. 
LEICESTER, MARCH 18, 1842.— PHTHISIS PULMONALIS. 
Charles Rawson v. Black. 
This action arose out of the sale of a mare to plaintiff by the 
defendant, at Queniborough, on the 23d of February, 1841, 
which was warranted sound, and sold for £35 ; the animal, how- 
ever, proved unsound, although the defendant believed at the 
time that the mare was sound. 
The purchase was brought about at the intervention of a Mr. 
Wild, a horse-dealer; and, on the road home, plaintiff perceived 
that the animal coughed a little, but took very slight notice of 
the fact, thinking the ailment to be only of a trivial and passing 
nature. Soon afterwards, however, unequivocal symptoms of ill- 
ness appeared, and Mr. Burley, veterinary surgeon, was called 
in. The mare at length died, and Mr. Burley was of opinion 
that death was caused by disease of the lungs. The question 
now to try was, whether the mare was sound at the time of sale ; 
and whether, a warranty having been given by defendant that 
such was the case, the loss should fall on plaintiff or defendant. 
Evidence for the plaintiff’s case was then called ; and, first, Mr. 
Wild. The mare, he said, had been in a straw-yard, and was 
plump and well to look at, but not fit for hard work — not in a 
condition to follow the hounds : plaintiff, indeed, had been cau- 
tioned by Wild against attempting to do so. The animal was 
“ rising four ” at the time of sale, and had been recommended to 
Dr. Noble and others. The mare at the time of sale was as 
tf sound as a roach.” He told Mr. Rawson she must be kept 
cool, instead of which she had been covered with a thick cloth, 
and the stable windows had been kept shut. He knew Mr. 
Rawson had been out with the hounds — saw him going up the 
road. He was afterwards asked by the groom to go and see the 
mare : found her breathing hard, covered with sweat, and with 
her legs bandaged up and covered with a cloth — the stable was 
also closed up. She was in a bad state — -just what he should have 
expected from being over-ridden. No person who had ridden such 
an animal so hard would have any right to complain of her being- 
ill . He told the groom the animal was bad. The next time he 
saw her was w'hen the groom was exercising her : she then seemed 
better. Mr. Rawson afterwards docked and singed her, and so, 
as witness told him — and Mr. Dalby (plaintiff’s attorney) told 
him — had made her his own. Mr. Rawson said he knew that,. 
