490 
MEDICAL JURISPRUDENCE. 
nation to eat, of which, indeed, if he ate nearly two feeds of 
corn, and also hay, there could have been no appearance. But 
his master says, that something hankers in his mind about the 
horse not eating, and certainly this is very strange, because he 
professed to remember the day and the circumstances very dis¬ 
tinctly ; and if his servant was accurate, it is not possible that 
any thing could have passed at all about the horse not eating. 
This part of the master’s testimony makes the arbiter distrust a 
little the accuracy of the hostler’s recollection. But, however, 
if the horse ate heartily after being driven for twenty-two miles, 
and was very fresh on starting (as the hostler says), the arbiter 
thinks that this is tolerably satisfactory real evidence that the 
horse was not then labouring under inflammation formed before 
that day’s journey. 
From C-the horse was driven home, without stopping 
for any rest, and without any other stop at all than may have 
tended to chill him. That this may be done in similar circum¬ 
stances, and that even the same horse might not at other times 
have suffered, may be very true. A horse, just like a man, will 
knock up one day much more easily than on others, although 
labouring under no disease. But though the horse might have 
suffered no injury from being driven in without any second rest, 
it was unquestionably tasking the horse much so to use him; 
and the consequences must be with the party w'ho so presses and 
tries the horse, if he does knock up. 
The arbiter thinks it very clear that the horse w^as over¬ 
worked. It is not very likely that, considering the time of day, 
the distance from home, and the change of companions with 
F-, W'ho says that he was driving at a moderate pace, that 
they would have fallen behind him even on the first part of the 
journey, if the horse had not begun to fag. They stop for a 
short time in coming in at P-. It is not proved that the 
horse was then covered ; and Mr. P- swears expressly that 
Mr. C- admitted, after the horse was ill, and in extremity, 
that he would not feed at C-; and in the defendants’ an¬ 
swers they state, very guardedly, that meal and water was then 
offered to him: which expression, with the absence of any evi¬ 
dence that he was able to eat, seems very satisfactorily to con¬ 
firm Mr. P-. Without resting the horse, however, they 
drove on to D-, where they again stopped, and it must 
have been then nightfall, for about ten minutes (as they state), 
leaving the horse in the open air. Now taking the period of the 
year, and the fact that this was a cold frosty day, the arbiter 
cannot hold this treatment as judicious and fair to the horse ; or 
come to the conclusion, that the facts which followed are in no* 
