491 
MEDICAL JURISPRUDENCE. 
degree to be ascribed to the probability ol‘ severe and sudden 
chill. There is nothing more likely to have struck a chill upon 
the horse, if hot and jaded, than such treatment. Then, what 
happens ? That the horse was by this time jaded is perfectly 
clear; and the defendants themselves state, that after leaving 
D-, they found the horse fagging ; that they got out of the 
gig, and walked the greater part of the road. That the horse 
must have been pretty well done up previously is, from their own 
statement, perfectly clear; and it is equally evident, as a matter 
of common sense, that at that period of the evening the parties 
would not actually have got out of the gig and walked, if the 
horse had not been utterly done up. People may walk a horse 
or drive him slowly to save him, if he is merely fagged ; but he 
must have been utterly done up before they would leave the gig 
in a winter evening when it was dark, and themselves walk four 
or five miles on the high road. But the state in which they 
brought the horse to the neighbourhood of the stable is also con¬ 
clusive upon this point, as w’ell as upon the point of over-driving. 
It is needless to advert to the evidence upon this point, which is 
equally clear and emphatic. It is perfectly plain that the horse 
had been driven without a rest until he was completely done up ; 
and then, w’hen they got near the stables, that he was furiously 
lashed, in order to arrive at some sort of a show of the horse beins: 
able to trot when they got near to Mr. S-’s stables. The 
scene, as described by the witnesses, is very significant, both as 
to the state of the horse, the manner in which he had been pre¬ 
viously driven, the w-ant of consideration and regard for the 
horse, and the recklessness and style of driving of the defendants. 
That a good deal may be ascribed to their ignorance of the mode 
of treating the horse may be true ; and perhaps their driving back 
from C-without resting; and overpressing the horse at the 
same time, may partly be accounted for by the fact, that they were 
in company with Mr. F-; had interchanged companions; 
were to stop together at D-•, to make a call; and in this 
w’ay had urged the horse on long after he was tired, in order to 
keep near Mr. F-. 
That it w^as the duty of the defendants w'hen the horse began 
to fag, and especially if he refused meal and w^ater at P-, 
to give him 'a good rest, it is impossible to doubt. And as 
the horse was so utterly done up after they passed D-, 
there cannot be the smallest doubt that he must previously have 
been very much distressed ; and if the defendants had not skill 
to notice that, the loss must lie wdth them, and not wdth the 
plaintiff. 
Then the horse is seen immediately upon his arrival by 
