l iO VETERINARY JURISPRUDEN'CE. 
Thomas Milsom sioorn .—I am in Mr. Kent’s employ; I remember his buy¬ 
ing the horse of Mr. Fisher. I took care of him and attended to him. I took 
him out in a cart about four times. I went out with porter and ale. I can¬ 
not say exactly the day—he did what he had to do well. I went slowly, just 
out of a walk. I was out about an hour each day. Clifton was the farthest 
place he went to, that is about a mile and a half from Mr. Kent’s: when the 
horse was in, I did not sweat him at all. I groomed the horse—he did not 
appear the worse for going out. Mr. Kent rode him several times. I saw 
him when he came home—he had not been ridden hard. When he was not 
rode out he was taken out merely for exercise; I mean the driving in the cart, 
which was for exercise rather than letting him remain in the stable. I remem¬ 
ber his being taken ill, and Mr. Kent gave him medicine. I had not observed 
any thing the matter with him previously. Mr. Kent and I attended him. 
Mr. Justice Coleridge .—Gentlemen of the Jury, this is an action between 
two persons of the same trade, Mr. Fisher and Mr. Joyce—they are both 
horse-dealers, and the action is brought to recover upon a breach of the 
warranty of a horse. The question therefore which you will have to decide 
is, whether or not the horse was sound on the 26th of February. The 
plaintiff alleges that his contract was made on the faith of the warranty that 
the horse was sound, and the defendant by the pleadings takes upon himself 
to say that the horse was sound. I will just tell you what is the outline of 
the evidence, and then you will be enabled to see more clearly what it is 
which you have to decide. 
In order to prove that it was a sound horse, the defendant traces his his¬ 
tory, and calls a person named Holmes, who attended Dr. Blackinstone’s 
horses, and he says that whilst he knew him the horse was well, excepting 
two days, when he had the strangles slightly. In 1838, in the month of 
September, he was sold to a Mr. Williams. W^e have no servant of Mr. 
Williams’s before us to give any account of the horse whilst in his possession, 
but we find that soon afterwards, in November 1838, he passed into the pos¬ 
session of Mr. Cottrell, who is a horse-dealer living near Birmingham. By- 
and-by you will have to consider the value of this suggestion. We will there¬ 
fore suppose for a time that it is the same horse. It appears that Mr. 
Cottrell had it for a short time, that he then took it toRugeley Fau’, and sold 
it. to Joyce, who is a dealer in horses. We are told that while in Cottrell’s 
possession it was perfectly well, and taken care of, and that while it was at 
Rugeley Fair it was not at all exposed. Joyce got possession of the horse in 
December, and keeps it tdl Bristol Fair, and the two persons who have 
jointly the care of it take upon themselves to say that it was perfectly sound, 
and in good condition; and that when sold to Fisher, on the 26th of February, 
there was nothing to induce a suspicion that it was in the slightest degree 
unsound. That, gentlemen, is the defendant’s case. 
Now the case on the part of the plaintiff is this :—He says that it is very 
true that there was nothing at all in the appearance of the horse to shew 
that it was unsound; and here, gentlemen, I will remark that you are not to 
believe the horse was so free from ailment as these men would make out, 
for you have it in evidence, that whilst at the Saracen’s Head the horse had 
a cough, and that it was pointed out by Fisher as being a nasty cough, which 
he did not like. Then their case goes on, that on the 26th of February, 
although it escaped the notice of Mr. Fisher, and afterwards of Mr. Kent, 
the horse had a chronic inflammation of the lungs; that it had had acute 
inflammation, which had been imperfectly cured, and had subsided into 
chronic inflammation. We all know, gentlemen, that the lungs are full of 
air-vessels for the purposes of respiration, and the plaintiff says that these 
cells had become disorganized; that they had been fiUed with deposited lymph; 
and that instead of being elastic they had hardened, and had become in a 
