502 GERMAN VETERINARY JURISPRUDENCE—SHEEP. 
founds his claim on the fact, that he purchased them and received 
them into his flock in full reliance on the warranty, which stated 
them to be perfectly sound and free from all infectious diseases. 
After the sheep were purchased from G., at a dollar and a half 
per head, on the understanding that they were all sound, the latter 
received permission t6 go and fetch them from A—. Herr L., the 
veterinary surgeon, was unable to discover any thing particular 
with regard to them, and the plaintiff himself only looked over 
them very superficially, and did not handle any of them. 
These sheep were driven from A— by the shepherd G., where 
the greater part of the flocks were suffering from this disease in 
the cleft of the foot, and brought to Herr T.’s farm on the 27 th 
inst. and placed among his sheep, Avho had all been perfectly sound 
and well up to that period. . When these animals had been there 
a few days they were observed to be suffering from this disease, 
and which was already so much developed, that it was quite 
evident it had been on them some considerable time. 
The witnesses M. and H. testify that none of the sheep ap¬ 
peared to ail any thing while on the road, and that only one was 
observed to limp when driven very fast. This testimony seems 
to be borne out by the fact, that' G. carried one of the sheep some 
distance, not however because it was lame, but because it seemed 
weary. 
According to the statement of Herr T., that portion of the flock 
among which these twenty-one sheep were placed, very soon 
became infected with this i’disease, and it speedily extended itself 
throughout the whole flock. It w^as about Christmas, 1824, that 
the plaintiff first received intelligence, from some of his people, 
of the existence of this disease among his sheep, and he imme¬ 
diately requested the advice of the provincial magistrates on the 
subject. 
One of Herr T.’s shepherds, named K., states, on the contrary, 
that he informed the house steward or clerk of this disease, which 
had appeared in two of G.’s sheep, on the 30th of November, 
1824. 
The testimony of several witnesses is here produced, some of 
wdiom state that they can recognise but eight, others but four, and 
another but one of the sheep brought to Herr T.’s farm by G., as 
those which were examined at A— by Dr. H. 
The plaintiff further states, that during the period when his 
flock were all infected with this disease, there was nothing like 
it any where in the neighbourhood, but that an epizootic pre¬ 
vailed which only assumed a contagious character among the pure 
Merino breeds. 
The defendant praved that he might not be rendered liable for 
