103 
FISHER V. JOYCE. 
From my experience, I am of opinion that inflammation, or disease of any 
other part, is likely to affect diseased lungs. The snorting cough I heard on 
the 16th was not calculated to excite notice. I do not know' howto account 
for the violent coughing I heard on the 4th of April, as it was exceedingly 
bad, and only at that time. Looking at the induration of both sides of the lungs, 
the disease, according to my experience, could not have commenced after the 
26th of February. In my judgment it is uttely impossible it could have com¬ 
menced after that time. The shortest time required to produce the state in 
which I saw the lungs would, in my judgment, be six months. The hardness 
had completely changed the nature of the lungs in the affected parts, which 
had become perfectly impervious to air. The diseased parts of the lungs 
sunk in w'ater. The healthy parts would float. After we had completed the 
examination IMr. Leigh wrote a certificate, and I wrote to Mr. Fisher on the 
subject. Some correspondence passed between us. 
Mr. Sergeant Bompas submitted that the correspondence ought to be put 
in and read, which was done. 
Examination in chief resumed .—I wrote to Mr. Fisher to tell him that, if I 
w'as not paid on or before Monday, I should send him a writ, and I was paid 
the money on that day. 
Cross-examined hy Mr. Sergeant Bompas. —I do not remember the date 
when I was paid the money. It might have been a fortnight after the exami¬ 
nation. 
{A receipt was here shexcn to the witness'). I see now it was on the 3d of 
May. This receipt is in my hand-writing. It was a very slight inflammation 
of the right lobe. It must, perhaps, be called acute inflammation, but not 
running very high. The acute inflammation was where the induration or 
hardness was. It was redder there than in any other part; but it w'ould be 
difficult to say whether there was more inflammation there, as the diseased 
parts were darker than the others. The inflammation of the lungs was not 
sufficient of itself to cause death. If the lungs are previously diseased, in¬ 
flammation of any other part extends to them. Almost every disease which 
causes death extends to and produces inflammation of the lungs. What is 
called rottenness of the lungs is merely inflammation of those organs,terminating 
in mortification or gangrene. I believe that it used to be commonly thought 
a disease lasting a long time. It did not use to be thought so by gentlemen 
of my profession, because there were none of my profession at that time. 
People used to profess to know all about horses, and I believe they used to 
say so, but that was before my time. I am in the habit of giving certificates 
of soundness. I cannot always tell whether a horse’s lungs are sound or not. 
I have given my opinion that a horse was sound many times, in court and out; 
but have not added, I could not tell whether the lungs were sound or not, a.s 
I have not been asked the question. 
The Judge. —I suppose certificates are given, subject to this inability to 
deteniiine the state of the lungs? 
Witness. —Yes, my lord. 
Cross-examination resumed. —I have given opinions before now that horses 
were sound, in which opinion I might have been quite mistaken. With respect 
to the diseases of horses which we arc cajrablc of ascertaining, we can speak 
confidently. 
Mr. Sergeant Bompas. —I wish to know how you have been enabled to 
ascertain that this disease must have existed for some months. 
Witne.Hs. —I'hus. I have had horses under my care with cough wliieh have 
lasted for a time, and they then appeared to get well: afterwards they have 
died, and 1 have found tubercles and induration existing in the lungs. 
Mr. Sergeant Jiompas .— Hut how do you know that such ap|)earanees may 
not have been produced in a week? 
