VETERINARY JURISPRUDENCE. 
295 
The defendant then said that all the cattle sold at Balinasloe were sound ; 
had seen the lots before the fair ; was present at the drawing and lotting of 
them ; there were four lots ; all were sound ; had not the slightest doubt of 
it ; there was no question about his telling the plaintiff that the cattle were 
sound ; when he bought the first lot, defendant told him that he bad reared 
them from calves; it was not true that he had said this in reference to lot 
No. 11; since the 21th of August no beast had exhibited disease; ninety 
head of cattle were sent to the island, and mixed with lot No. 11, in the 
month of September, and remained till December; all of these were as sound 
as a bell ; a book, happened, unfortunately, to be near him on the occasion 
of the fair ; he put his hand upon it, and said he had not given him an un- 
sound beast at Ballinasloe ; disease might appear suddenly ; could not say 
whether the disease was communicated through the air. 
Chief Justice — He would be a wise man who could. 
Cross-examination of defendant — Looked at the lots generally ; did not 
examine their heads or feel their fat ; whose brand but his would be on the 
cattle? bought the cattle (30 of them) at Eyrecourt upon the 24th of 
April, and the others on the 7th of May, at Ballinasloe; could not say in 
which of these places the lot was bought ; the two distempered heifers sold 
in July and August were those bought in April or May; made the sale to 
Barrett ; positively said he did not swear in the arbitration room that he had 
no distemper on his lands for two years ; looked into his books, and found 
that nineteen months before the fair at Ballinasloe there was a case of dis- 
temper in a cow; in 1857, there were two cases of distemper on the land. 
Mr. Samuel Garnett examined by Mr. E. Johnson — Saw the stock, and 
was of opinion that they were sound, and did not know from whence the 
disease came, no more than the captain of a vessel could say how the tem- 
pest arose ; had known cattle said to have been unsound turn out to be per- 
fectly sound. 
Mr. Peter Aungier — Is a salemaster ; cattle which he had seen well at 
night, were in the morning reported as being ill ; had known cattle when 
slaughtered exhibit disease, of which the seller had no idea. 
Mr. Patrick Leonard — Heard the defendant say to the plaintiff, taking up 
a book (a registry of his), “ As sure as that is a Bible, the cattle I sold at 
Ballinasloe were sound always thought a herd could at once detect the 
disease ; was of opinion that the beasts were sound. 
The Lord Chief Justice charged the jury. He said it was not necessary 
for him to do more than occupy their Lime for a few minutes in stating the 
rights of the plaintiff and the liability of the defendant. The question was, 
whether the heifers that were sold were at the time of the sale all sound, or 
whether any of them were affected with any disorder ? There was another 
issue — whether, if some of the cattle were affected, they did not affect 
others ? If this were so, the party was liable, not alone for the original 
damage, but also for the consequences of that original damage. It was a 
case in which the defendant had warranted that all the cattle were sound ; it 
was in vain to say that the warranty was a puff. It was admitted that the 
defendant had warranted them. The question was, were the cattle sound 
agreeably to the warranty ? The effect of a warranty was this — it made a 
man responsible for all defects known or unknown to the seller; and it was 
no defence for him to say that in his conscience he believed that the cattle 
were sound. He had given his warranty — he had induced the buyer to 
purchase upon the faith of the engagement that the cattle were sound, and 
he had guaranteed him against any loss which might result from the purchase. 
It had been said that if this were to be the consequence of a warranty, every 
man at a cattle fair should put up a placard intimating that he did not 
warrant the cattle. All that he had to do was to hold his tongue and give 
