292 
VETERINARY JURISPRUDENCE. 
from the rest of the cattle ; the warranty given by the defendant was to 
this effect : he said, “ By my honour, my dear fellow, I have not had a case 
of distemper or disease amongst my cattle for the last two years ; I have 
had them almost from the time they were calves, and I cau warrant every 
heifer which I have in the fair as sound,” and putting his hand upon his 
shoulder, he said, “Now buy a few lots from me;” witness purchased lots 
Nos. 7 and 8, for £12 15s. per head; required the cattle with the view of 
selling them in the following summer ; after he had made this purchase from 
the defendant, he went through the fair and looked at several lots ; he 
bought lot No. 10 at the same price; subsequently bought lot No. 11, and 
with these also the same warranty or engagement was given; sent lots of 
the cattle to his different farms, which were separate and far apart in the 
county of Carlow ; the disease broke out amongst the cattle in every in- 
stance ; the nearest farm to Dublin upon which he had the cattle, except one 
farm, was forty-four miles. 
Cross-examined by Mr. Battersby , Q. C . — One of the heifers had slipped 
her shoulder, and she died upon the road ; wrote to the defendant in refer- 
ence to this, and he in a very handsome manner sent him a £5 note ; he 
considered that it was a very handsome thing so to do, as there was no war- 
ranty given, and the defendant was not bound to act as he had done; and 
this he would say, he very much regretted having had any misunderstanding 
with the defendant ; had several “ strippers” on Iris hand in August last ; 
perhaps lie had 50 or 60 ; had no old cows ; could not tell how many hun- 
dreds of horned cattle he had on his land in that month ; had several hundreds, 
about 250 ; had these from the previous October; his man had sold beasts 
to a butcher named George Hirley ; had only two distempered cows on his 
land before the 1st of October, and these he disposed of at once; in the 
year 1847 he lost 125 head of cattle; could not tell where he bought these, 
but could swear positively that he had no distempered cow on his lands for 
nine months before the fair at Balinasloe ; about nine or ten years ago a 
man of his made an engagement about a horse he sold to a party, and he 
(Mr. Battersby) defended him : before he bought the cattle heard that there 
was a good deal of distemper in the fair ; would not consider it safe to put 
sound cattle upon landi where there had been distempered cattle before 
three months; thought there was great danger from the virus, the saliva, 
distempered mucus, and droppings from the mouths of diseased cattle re- 
maining upon the land; the disease was not perceptible for one month to 
six weeks ; detailed the symptoms exhibited in the first week after its de- 
velopment ; the animal gets off its feed, has a cou«h and weeping eyes, &c. ; 
the disease is highly contagious, and he believes infectious ; the defendant 
said to him that statements were valueless ; he went to a table, took up a 
book, and said, “ So help me God the cattle were sound, and I had not a 
single distempered cow upon my land.” 
To Mr. Smythe — The heifers (150) that did not take the distemper were 
separated from the defendant’s cattle; some of them were forty miles 
asunder. 
James Murphy examined by Mr. Maunsell— Was the plaintiff’s herd ; was 
present when he purchased the cattle from the defendant ; had charge of 
the heifers ; took every care of them ; drove them six miles the first day, 
and nine or ten the next day; delayed longer than usual, in consequence of 
the multitude of cattle which he had to drive; when he saw Mr. Johnson 
on his own land he said that the cattle had the distemper, and he pointed 
out two that had disease ; on the next day when the cattle were at Garry- 
hindon the herd said that two of them were sick. 
Cross-examined by Mr. Ball , Q.C.— Had the cattle on the field of the 
hotel keeper at Shannon Bridge ; there were other cattle on that land which 
